Two Homes

Housing Benefit is normally only paid once a person has moved into their home, and it can normally only be paid in respect of rent due on one property at a time. However there are some situations in which you can be paid Housing Benefit before you move into your new home or on two homes at the same time.

Council Tax Benefit is not payable before you have actually moved into your new home. If you are liable for Council Tax before you have moved into your new home you should apply to your local Council Tax office for a discount or exemption on the property. Similarly, Council Tax Benefit is not payable on two homes at one time.

Entitlement Prior to Moving In

Housing Benefit can normally only be paid when you actually move into your new home

There are however some circumstances in which the Benefits Section can treat you as occupying your new home before you move in.

The Benefits Section can only make a decision on this, after you have actually moved into your new home.

Criteria that must be met before you are entitled to Housing Benefit prior to moving into your home

Housing Benefit can be paid in these circumstances for a maximum of four weeks:

• You have moved into your new home, were liable to pay rent before moving in, and you claimed Housing Benefit before moving in and
• The delay in moving was reasonable and was necessary in order to adapt the building to your disablement needs or the disablement needs of a member of your family or
• The move was delayed because you were awaiting the outcome of an application for a Social Fund Payment to assist with the cost of removals etc. and a member of your family is aged six or under, or you satisfy the conditions for an age-related or disability-related premium or
• You became liable to pay rent while you were an in-patient or in residential accommodation.

The requirement to decorate your new home prior to moving is not considered part of the criteria for awarding entitlement to Housing Benefit prior to movingin.

Housing Benefit on Two Homes

Fear of Violence

If you are getting Housing Benefit but have to leave your home through fear of violence in your home or by a former member of your family, Housing Benefit can be paid for a maximum of 52 weeks on your former home and your current home.

This only applies, as long as you intend to return to live in your former home, and it is deemed reasonable that benefit should be paid on both your former home and where you are currently living.

If you decide not to return home and are in receipt of Housing Benefit on Two Homes you must inform the office dealing with your claim immediately to prevent an overpayment occurring.

Students and Trainees

If you or your partner are a student who is eligible for Housing Benefit (some students are not) or either of you is on a training course which makes it impossible for you to live in the same home, Housing Benefit can be paid on both the properties you are living in.

There is no time limit on this.

However, it must first be determined that it is reasonable to pay Housing Benefit on both of the properties.

Unavoidable Overlapping Liability

When you are liable for rent payments in respect of both your old and new homes, Housing Benefit can be paid on both homes for a maximum of four weeks where you:

• Moved into your new home, and could not reasonably have avoided liability for both homes

An example of this would be where you are in need of alternative housing and are offered a new tenancy at short notice.

In accepting the new tenancy, you are taking on the liability to pay rent at the new home, whilst still being liable to pay rent on the old home due to the period of notice you are required to give your former landlord (who may be the Council).

Housing Benefit on Two Homes can only be paid in the circumstances above where you have moved into the new home while still being liable to pay rent on the old home.

If you are still living in the old home and have only moved items of furniture into the new one, Housing Benefit can only be paid on the old home.

Please note you are not automatically entitled to Housing Benefit on Two Homes solely because you have a period of notice to give your landlord when moving.

All cases will be looked at individually.

Aberdeenshire Council tenants are bound to give four weeks notice when moving to a private tenancy, and two weeks notice when moving to another Council property.

Making A Claim

How do I apply?

A straightforward, 2-page application form is available at your local Benefits office.

You must complete the application in full and enclose any relevant documentation.

We may ask you to provide further evidence or information to support your claim. Any documents you provide must be originals and can only be photocopied in a Council office.

If you call into an office your evidence will be photocopied and returned to you immediately. Alternatively, any evidence you send us by post will be photocopied and returned to you by first-class post on the day it is received.

What happens next?

We aim to make a decision on your Housing Benefit on Two Homes claim within 14 days of receiving it. We will write to you with our decision and an explanation of how we came to it.

What happens if I do not agree with the decision?

If you disagree with the decision we make, you have one month from the date you receive our letter to write to us telling us that you disagree. Your letter must clearly state that you wish to dispute the decision made and you must also give the reasons why you disagree with it.

We will look at our decision again and decide whether or not to revise it. We will then write to you again with our new decision.

If you are still unhappy with the new decision, you have a further month from the date you receive the new letter to appeal in writing.

Again, you must clearly state the reasons why you are appealing. If you decide to appeal for a second time, your case will be passed to the Appeals Service who will make a decision on your claim.

Changes in Circumstances

Please remember that whilst you are claiming or receiving Housing Benefit on Two Homes, if your situation changes in any way you must inform the Benefit office dealing with your claim.

Do not rely on the Jobcentre Plus or any other organisations to inform us about changes in your circumstances – please do so yourself.

Rent Charges

Housing Benefit on Two Homes does not cover any rent charges that are normally not eligible for Housing Benefit e.g. Heating and Lighting, Insurance or Television Rental.

Please Remember that Housing Benefit on Two Homes is not paid automatically – if you do not meet the criteria and your claim is unsuccessful you will have rent to pay