Overcoming the hurdles to claiming Housing Benefit

Most people who pay rent can claim Housing Benefit from their local authority to help pay their rent if their income, whatever its source, is low enough. In addition to ordinary tenants, people who are lodgers or boarders, or who simply pay for the right of occupation can all claim Housing Benefit.

It is possible for a disabled person to rent from a relative using Housing Benefit. It is rarely possible to rent a room in a parent's house to a member of the family and for that person to be entitled to Housing Benefit. However, it is possible in certain situations for parents to buy another self contained property and rent this to a close relative and for the relative to receive Housing Benefit for the rent. It may also be possible to receive Housing Benefit where a separate annex of the parents' house is rented.

The local authority is likely to be concerned that the arrangement has been contrived to abuse the benefits system. It will therefore be necessary to prove that a commercial arrangement exists.

Calculation of Housing Benefit is complex and regulations interpreted differently in different local authorities. Disabled tenants may therefore need to use their right to a reviews and appeals in order to get the Housing Benefit they are entitled to.