On 1 April 2013, there were two changes to Housing Benefit affecting, the:

number of people occupying a property
people living with non-dependent adults

Under occupancy

Working age council tenants claiming Housing Benefit are only able to claim for the bedrooms they are deemed to need under the occupancy rules.

Working age

Working age is anyone who is under state pension age.

Under occupancy

Under the occupancy rules, if you have more bedrooms than the Government says you need, you are deemed to be under occupying your property and will lose part, or all, of your Housing Benefit.

You are allowed one bedroom for each of the following:

each adult couple
any other person aged 16 or over
two children under the age of 16 (of the same sex)
two children under the age of ten
any other child
a carer (who doesn't normally live with you) if you, or your partner, need overnight care

From 1 April 2017, the following changes were made to allow an extra bedroom, if one was available, for:

a carer (who doesn't normally live with you) if a child is unable to share due to disability or medical condition. This also applies to adults unable to share.
couples unable to share due to a disability or medical condition.

Being under occupancy

Your Housing Benefit will be reduced, depending on how many extra bedrooms you have. For example, if you have:

one extra bedroom, your Housing Benefit will be cut by 14% of the full rent (for example, if your rent is £60 a week, you will lose £8.40)
two, or more, extra bedrooms you will receive around 25% less (for example, if your rent is £60 a week, you will lose £15)

These amounts are estimates based on an average rent in North Ayrshire and will vary depending on circumstances. If your benefit is reduced you will have to pay your landlord the difference between your Housing Benefit and your rent.

Impact on you

Single person or couple living in a two bedroom home

Your Housing Benefit will be reduced by 14 per cent of your full rent. If you live in a three bedroom home you will lose 25%.

Single parent or couple in three bedroom home

If you have a boy and a girl under 10 years of age your Housing Benefit will be cut by 14 per cent of your full rent. If you live in a four bedroom home you will lose 25%.
If you have two girls or boys under 16 years of age your Housing Benefit will be cut by 14% of your full rent. If you live in a four bedroom home you will lose 25%.

Options

You could:

Pay the difference yourself and stay in your current home.
Think about moving to a property with the number of bedrooms needed for your family size. There is a shortage of 1 bedroom properties in North Ayrshire, contact your housing office for more information.
Take in a lodger to occupy your extra bedroom.

Taking in a lodger could affect the amount of Housing Benefit you are entitled to. For more information, Council tenants can contact the Welfare Reform Advice Team.

Non-dependent deduction

If you have a non-dependent living with you, your Housing Benefit may be reduced.

A non-dependant is someone over the age of 18 who lives in your home but is not your partner, joint tenant, or lodger. This could be:

an adult son or daughter
a relative or friend

If you have a non-dependant person living in your home, your housing and Council Tax benefit may be reduced by a certain amount each week. The amount depends on the circumstances of the person living with you. See the current level of non-dependant deductions. Adult non-dependants living in your home are expected to contribute towards your household costs, including rent and Council Tax.

Remember that it is you, the tenant, who's responsible for paying your rent.

Deductions do not apply to people:

under 18 years of age
in full time education or on Youth Training Schemes
in receipt of Pension Credit

There is also no deduction from your benefit if you, or your partner:

are registered blind
receive Attendance Allowance
receive care component of Disability Living Allowance
receive Daily Living component of Personal Independence Payment (PIP)

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Benefits