General FAQ's, Council Tax, Business rates, Housing and Council Tax Benefits.
Please see the frequently asked questions below, if you still require assistance or would like to get in touch with us please call 01289 330044 or use the contact us link at the top of this page.
Alternatively you can call into the Council offices Monday to Friday between 8:45 and 5pm.
For face to face advice on New Claims, Current Claims, Exemptions, Band reductions, Appeals and Overpayments (among others) please feel free to visit us at:
Council Offices,
Wallace Green
Berwick-upon-Tweed
TD15 1ED
You do not require an appointment, our offices are open from 8:45 to 5pm Monday to Friday.
Housing and Council Tax Benefit FAQ's
Council Tax FAQ's
Business Rates FAQ's
How do I claim benefit?(back to top)
Just fill in a claim form for Housing Benefit and Council Tax Benefit, which you can get from our office. Alternatively, you can print off the claim form by clicking on the on-line forms button. If you would like help to fill it in, you can call into our office or give us a ring and a benefit advisor will help you.
When should I get my benefit? (back to top)
Once we have received your claim and all the proof that we need, we should start paying your benefit within two weeks.
If you ask us to pay your benefit direct to your landlord, we pay these payments every four weeks for the previous four weeks.
If we need more information from you or proof of your income, we will write to you and ask for it. If you have given your phone number on your claim form, we may ring you for the information we need which could help speed things up a little.
If you haven't heard anything from us after about two to three weeks, please ask us about the claim. Please remember that letters can take a few days to arrive.
When we have worked out how much you are entitled to, we will send you a letter about it. We will still write to you even if you don't qualify for anything. The first page of the letter tells you how much we are paying you each week for Housing Benefit and Council Tax Benefit. The other pages show the figures we have used for your rent, Council Tax, income and benefits, and the figure we compare your income against. It is important that you check these figures, especially your income figures, to make sure we have got them right.
If any of these figures look wrong, please tell us. If we have missed anything out, tell us about it straightaway. If we don't hear from you, we will keep using the same figures until the end of your claim. If you don't tell us, we will not know about the change and you may get the wrong amount of benefit.
What should I do if my circumstances change? (back to top)
The main things that count towards your benefit are:
- the number of people in your household, and their ages; money that is paid to you and the other people in the household – by money we mean earnings, income and benefits; savings and investments; your rent (if you are a tenant);
- long-term sickness or disability; and
- whether you get Income Support, income-based Jobseeker's Allowance, Minimum Income Guarantee or Pension Credit.
If any of these things start, stop or change, you must tell us as soon as possible. If you don't tell us, we will not know and you may get the wrong amount of benefit.
You must also tell us if:
- you, or a member of your household, are going to start work;
- you, or a member of your household, are going to move out; you are going to be away from home for more than a few days; you, or your partner, go into hospital for more than a few days; you, or your partner, are going to become a full-time student; your child leaves school or you stop getting benefit for him or her; the income of anyone in your household changes, including earnings, pensions and any state benefits; there are any changes to the amounts in your bank, building society, savings and investment accounts, including stocks and shares; you buy a second property; or
- your rent changes (council tenants do not have to report rent changes).
These are only examples. If anything in your household changes, and you are not sure whether it may affect your benefit, please ask us! We will be happy to tell you.
When there is a change, you must tell us within one month of the date of the change. We will usually ask you to put it in writing and we may need proof, but please don't delay reporting the change.
If you don't tell us about changes quickly, you could also lose out on any increase in your benefit when it is paid to you. It is an offence not to report changes quickly.
If we pay you too much benefit, you will usually have to pay it back.
When we write to tell you the result of your claim we will remind you of the changes that we need to know about.
Remember, it's up to you to tell us if your Income Support or Jobseeker's Allowance stops.
How will you pay my benefit?(back to top)
If you are a council tenant
Your Housing Benefit goes straight onto your rent account so that you have less rent to pay. For example, if your rent was £40 and you got £10 benefit, you would just have to pay £30. The benefit will be credited to your rent account every Monday.
Even if you get maximum Housing Benefit which covers all of your rent, you will still have to pay your water rates and any ineligible service costs. You must pay the water rates yourself even if you are on Income Support.
If you are a private tenant
We can send your Housing Benefit to you or to your landlord. It is usually paid direct to your own or your landlords bank account by BACS. Payments are issued every four weeks for the previous four weeks.
In some cases, we may have to pay your benefit to your landlord even if you didn't ask us to. This happens, for example, if you owe your landlord more than eight weeks' rent and in a few other cases. In some cases, we may not be able to pay your landlord even though you have asked us to. Please ask if you need more information.
If you claim Council Tax Benefit
Your benefit goes straight onto your Council Tax account so that you have less Council Tax to pay. In some cases, your benefit will pay all of your Council Tax so you have nothing to pay, but if you owed us some Council Tax from before your benefit started, you will still owe this money.
When Council Tax Benefit goes onto your account, we will usually send you a new bill telling you the balance to pay and the new instalments (if this is how you pay).
Who can claim Housing Benefit and Council Tax Benefit?(back to top)
Anyone who has to pay rent for their home can claim, but some people may not be entitled. This is a list of people who usually cannot get any benefit.
- Anyone who has more than £16,000 worth of savings or investments, or a second property to that value.
- Anyone who lives with a close relative (parent, brother, sister and so on) and pays rent to them.
- Most full-time students. However, you should ask as you may still be able to get some if you have dependent children or are disabled. Don't decide not to claim until you ask us for advice.
- Some people from abroad. However, don't decide not to claim until you ask us for more advice.
- Anyone living in a nursing home or residential care home.
- Some people who don't really have to pay rent.
Anyone who has to pay Council Tax for their home can claim Council Tax Benefit. Some people can't get Council Tax Benefit based on their own personal circumstances, but they may be able to claim a Second Adult Rebate. The same application form covers both benefits.
What is a Second Adult Rebate?(back to top)
Most adults (age 18 and over) who live alone get a 25% discount on the Council Tax, no matter how much they earn. If another adult lives with you, you won't get a discount.
In a few cases, if the other adult living with you is on a low income, it would not be fair to charge the full Council Tax. So, we can give a special discount which we call a Second Adult Rebate.
This only happens when the 'second adult':
- is not your partner; does not pay rent to you; and
- does not share the Council Tax with you.
It is usually when the person who has to pay Council Tax gets more money than the 'second adult'.
If you think you may be in this position, please use the regular claim form but you don't have to fill in the sections about your own income and savings.
If you fill in the whole form, we will work out whether we should pay you a Second Adult Rebate. We will pay normal Council Tax Benefit or a Second Adult Rebate, whichever is better for you.
I have given you a lot of information in my claim. Can I trust you to keep it private? (back to top)
Yes, we will keep your personal information safe. Our staff will not talk about your personal details with anybody else.
If we are paying your Housing Benefit to your landlord, we will tell your landlord how much benefit we are paying and the dates we are paying it for. We will not give him or her any details about your personal circumstances.
We will need your written permission before we can talk to anyone else about your claim.
There are laws about how we can use information that we keep on computers. The Data Protection Act 1998 says that we can only use your information for the proper purposes and we must tell you what these are. We may use your information to:
- work out whether you have a right to Housing Benefit or Council Tax Benefit; make sure we charge people the right amount of Council Tax; help us collect rent and Council Tax; help us, or other councils, get back money that people owe; advise you about other benefits you could claim;
- help us and the Government collect figures that they need;
- and protect public money against fraud and dishonesty.
Protecting public money means that we may have to give information from your claim to other people or organisations like:
- our fraud inspectors;
- the Department for Work and Pensions;
- the Inland Revenue;
- other local councils; the police; and
- the Home Office (immigration department of the Government).
If we give your information to any of these organisations, they must also keep it private and only use it for proper purposes. If we have to ask them for information, we will only use it for the proper purposes.
What help can pensioners get?(back to top)
The following information tells you about special rules for Housing Benefit and Council Tax Benefit if you are a pensioner.
For Housing Benefit and Council Tax Benefit purposes these rules apply to you if:
- You and your partner are both aged 60 or over; or You are aged 60 or over and your partner is aged under 60; or
- You are under 60 and your partner is aged 60 or over.
The rules do not apply to you if you or your partner receive Income Support or income based Jobseekers Allowance.
On 6 October 2003 the Government introduced Pension Credit. Pension Credit has two parts:
- A guarantee credit, this will provide a minimum level of income for pensioners; and/or
- A savings credit, this will provide extra income to pensioners who have a graduated Retirement Pension, a small private pension or savings. This is only available to pensioners aged 65 or over.
As a result of Pension Credit new rules have been introduced for Housing Benefit and Council Tax Benefit.
If you receive either the guarantee credit or guarantee credit plus savings credit, you will automatically receive maximum Housing Benefit and Council Tax Benefit.
You will no longer have to fill in a claim form each year to keep your benefit. We will look at your claim differently from 6 October 2003.
Income
If you have claimed Pension Credit we will use the same income, savings and investment details as the Pension Service. This is called your Assessed Income Figure (AIF).
The income we take into account includes:
- Earnings; Tax Credits; Private and occupational pensions; Assumed income from capital;
-
Some Social Security benefits;
-
Annuities;
- Child Benefit, if you look after a child.
Income does not include:
- Voluntary payments; Student Income; Attendance Allowance and Disability Living Allowance; Maintenance for children;
- Child increases paid with Retirement Pension, Incapacity Benefit, Severe Disablement Allowance, Maternity Allowance, Carers Allowance and Industrial Injuries Benefit.
Savings and Investments
You cannot get Housing Benefit or Council Tax Benefit if you have more than £16,000 worth of savings or investments, or a second property to that value.
Investments and savings worth less than £6,000 are ignored.
If your investments and savings are worth between £6,000 and £15,999 an assumed income of £1 for every £500 is used.
Changes of circumstances
If you receive Pension Credit and Housing Benefit or Council Tax Benefit you will report most changes to the Pension Service.
If your change of circumstances is a Housing Benefit or Council Tax Benefit only change you should report this change to us.
If you receive the guarantee credit or guarantee credit and savings credit combined, you must tell us if:
- Your tenancy changes; The number of people in your household changes; The amount of rent you pay changes;
- You are going to be away from home for more than a month;
If you receive Savings Credit only you must also tell us if:
- Your change relates to any dependant children, Child Tax Credit or Child Benefit;
- Your investments and savings exceed £16,000.
Non Dependant Deductions
A non-dependant is any other adult aged 18 or over who lives with you or your partner as part of your household.
The rules for non-dependant deductions have changed for certain pensioners.
These changes will apply to you if:
- You or your partner is aged 65 and over; and
- Changes relating to non-dependants would reduce your weekly Housing Benefit and Council Tax Benefit.
If this applies to you then we will not reduce your Housing Benefit and Council Tax Benefit for 26 weeks.
This may happen if:
- Someone moves into your household; or
- Your non-dependant's income increases.
Appeals
If you receive Pension Credit and you are unhappy with the Assessed Income Figure we have used to work out your Housing Benefit and Council Tax Benefit, you must appeal to the Pension Service.
If you are unhappy about any change we have made to the Assessed Income Figure you must appeal to us.
If you do not receive Pension Credit you must appeal to us.
If you would like to know more about how to appeal please ask for our leaflet 'Housing Benefit and Council Tax Benefit Appeals'.
You can contact the Pension Service on 0845 6060265 or by writing to:
The Pension Service
PO Box 355
Middlesborough
TS2 1YE
Can I claim Housing Benefit and Council Tax Benefit if I am self-employed? (back to top)
Yes, anyone who is self-employed can make a claim.
What sort of proof of income do I need if I am self-employed?
You will need to produce your latest profit and loss account or provide account books for the last 12 months. If you don't have either, ask for a self-employed income form to fill in. Alternatively click on the link below to download the form. You will have to print the form and post it back to us. Do I need to have an accountant?
No, many self-employed customers don't have accountants many people basically can't afford to have one. You just need to keep records of your income and expenses associated with your business.
Why do you need account books? Can't you just base my claim on the amount that I am drawing each week?
No, we cannot base your claim on the amount you are drawing. It must be based on your net profit. This is the figure calculated after taking allowable business expenses from the gross income of the business.
In what format am I expected to keep my books?
You should record your income and expenses on a daily, weekly or monthly basis, whichever you prefer, but you must keep them up to date. Income should be shown before any deductions are taken off. All expenses should be individually itemised so that we can identify whether they are allowable for benefit purposes.
Do I really need to keep books because I know I am below the limit for income tax purposes?
Yes, you must keep records of all business income and expenses if you want to claim Housing Benefit or Council Tax Benefit.
What if I have just started up in business?
You can give us an estimate for the first two or three months of trading. All you need to do is estimate what you think you will earn and what your business expenses are going to be. If you ask for a self-employed income form, you can give your details on there it's quite straightforward to fill in. We will review your claim after this period of time and get your actual figures, when we would award your benefit for at least another six months.
If you have any difficulties or questions, please contact us.
What if I know that I am not going to make anything for the first few months because of the nature of my business?
Ask for the self-employed income form where you can say exactly what the position is regarding the earnings of your business. We may decide to assess you as having no income for this period of time and review your claim at a later date.
Do you allow for any personal expenses?
No, we cannot allow anything personal to be taken off your income, such as household bills and so on. The only things we take from your earnings are tax (we will work this out ourselves), National Insurance and 50% of any private pension payments. Childcare fees up to certain limits are also allowable, but you must meet certain conditions. The benefit application form asks for details of this.
What about loan repayments for the business?
Not all loan repayments are allowable. It depends on why you took out the loan. In some cases, only the interest part of the loan is allowable, in others it may be the capital and interest. The self-employed form has a section about loans that you should fill in.
Do I need to provide receipts for all my business expenses?
If you have been in business for less than 12 months, you must provide receipts for all your business expenses. You must keep all receipts anyway as we could ask for proof of payments at any time.
How do I make a claim?
You need to fill in a benefit application form and, if you are unable to supply your latest profit and loss account or account books, a self-employed income form. These are available from us.
What proof do I need for my Housing Benefit and Council Tax Benefit claim? (back to top)
New ID rules for Benefit Claims
Please help us to help you. The Government, as part of their drive to reduce benefit fraud, has introduced a new guidance framework. This means that when Councils assess a claim for Benefit we must ask for original proof of identity, income, benefits and capital for every member of a household, including non-dependants.To prevent any delay in processing your claim please try to send or bring original proof when you make your application as the Council cannot process any claim without this evidence. Unfortunately photocopies are not acceptable.This initiative also helps to ensure the Council pays the right benefits to the right person.)
Anyone claiming Housing Benefit or Council Tax Benefit (and their partner) will have to provide proof of their income, identity and National Insurance number as a qualifying condition of benefit. We need to see original documents – not photocopies. Please don't send valuable things in the post, for example, your passport, pension book or building society book. You should bring them to our office. If you are unable to call into the office for some reason, you could ask us to visit you at home. If you can't get the proof we need straightaway, you should make your claim anyway and we will ask you for the proof later. You should always put your claim in as soon as you can, otherwise you could lose out on what you are entitled to.
Proof of who you are Proof of your National Insurance number
When you make a new claim we will normally ask you to show us at least two official documents to prove your identity (who you are). We also need proof of your National Insurance number. You must show us the original documents, not photocopies. You could show us your:
- National Insurance number card; birth certificate; marriage certificate; divorce papers; driving licence; pension book or benefit payment book; credit card; National Health Service medical card; or
- valid passport.
If you don't have two of the things from the list above, you could show us:
- a bank statement from the last four weeks; a certificate showing that you are in the Forces or Merchant Navy; a life assurance policy; a bill for electricity, gas, phone or water that you have paid (it must be the latest one); payslips (if you are working) that show your National Insurance number; a letter to you from the Inland Revenue (the tax office); a letter to you from a solicitor, a social worker or a probation officer; a UK (British) Residence Permit; or
- an identity card from some European countries.
If you are an asylum seeker or refugee we need to see your 'SAL 1' or 'SAL 2' letter from the Home Office.
Proof of your income
If you get Income Support, income-based Jobseeker's Allowance (JSA(IB)), Minimum Income Guarantee or Pension Credit, we may be able to get the proof from the Department for Work and Pensions (DWP). You must tell the DWP or jobcentre or the Pension Service as soon as you change your address. If you don't tell them you have moved, they will not be able to give us the proof we need and your benefit will be delayed.
If you are working
We need your payslips for the last: five weeks; three fortnights; or two months. The payslips must show your pay before any deductions for tax and National Insurance, as well as your take-home pay. They must also show your National Insurance number. If your employer does not give you payslips, we will need a letter on the company's headed paper that is signed and stamped by your employer. Or, you can ask for one of our Earnings Certificates. Your employer must fill in and sign this form.
If you are self-employed, we need your latest profit and loss account. If this is not available there is a self-employed income and expenses form that you can get from us. If you have any difficulty in filling in the form, please phone us for further advice
If you get Working Tax Credit or Child Tax Credit, we need to see your new tax credit award letter saying how much you get.
If you get any state pensions or benefits, we need to see your pension book or letter from the Department for Work and Pensions saying how much you get. If it is paid into the bank, we need to see your latest bank statement showing the amounts going in.
If you have a works pension, we need to see:
- your latest letter saying how much it is; your last two months' pension slips; or
- your bank statements showing payments for the last two months.
If you have a private pension, we need to see:
- your latest letter saying how much it is; your last two months' pension slips; or
- your bank statements showing payments for the last two months.
If you have a student grant, we need to see the letters from your Education Authority telling you how much they will pay and what dates the grant covers.
If you have any other money coming in, we need to see proof. For example, if you get maintenance from someone who used to be your partner, we need to see:
- a court order; a letter from the Child Support Agency or the person who pays the maintenance; or
- your bank statements for the last two months.
Proof of your rent
We need to see your tenancy agreement. If your original tenancy has ended, we must see proof that your landlord has agreed to continue it. If you don't have a tenancy agreement, we need a letter from your landlord telling us:
- the exact address of your home, including the room number if you have a room in a house or flat; the date your tenancy started; the date you moved in; the rent your landlord charges you; how often you have to pay the rent (every week, four weeks or month); what the rent includes; and
- when the tenancy will end.
If your rent is registered with the Rent Officer, please show us the latest letter from the Rent Officer telling you the new rent.
Proof of your savings or investments (including bank and building society accounts)
We must see up-to-date proof of any savings or investments that you have. If you have a bank account or building society account, we need a statement that shows the money paid in and out over the last few months (even if the account is overdrawn). If you have any shares, bonds or savings certificates, we must see the originals, not photocopies. If you own a house or flat that is not your home, you must tell us about it. You may need to fill in a form about your second property and send us proof of any mortgage or expenses you still have to pay for the property. We may have to ask an independent valuer how much it is worth.
Other people in your household
If you have a partner, or if any other adults live with you, we need proof of their income. We often have to take some money off your benefit for any other adult who is not your partner but who lives with you. If we don't know how much money that person gets, we will take off the highest amount so that we don't pay you too much. To make sure you get all the benefit you have a right to, you must let us have proof of everyone's income.
If you can't get the proof we need, you must tell us straightaway.
What are discretionary housing payments? (back to top)
Discretionary housing payments (DHPs) were introduced in July 2001. They replaced the exceptional hardship and exceptional circumstances payments. They are not payments of benefit and are paid on top of Housing Benefit and Council Tax Benefit.
These payments are an independent scheme that we manage. There is a limited budget for DHPs so even if we decide that you qualify, if there are no funds left we cannot give you the payment.
Who can claim them? (back to top)
Discretionary housing payments are available to people who:
- are entitled to Housing Benefit or Council Tax Benefit (or both); and
- appear to the council to need some more help with their housing costs (rent and Council Tax).
When can I not have them? (back to top)
We cannot give DHPs towards:
- service or support charges that are not eligible; any rent charge when you are only receiving Council Tax Benefit; any Council Tax charge when you are only receiving Housing Benefit or Second Adult Rebate; rent arrears, which are not refundable; reductions in any benefit due to Child Support deductions, for example; or
- amounts of Housing Benefit and Council Tax Benefit that has been suspended.
When would you consider paying a DHP? (back to top)
We will consider giving discretionary housing payments:
- for reductions in benefit that happen when the person claiming goes into hospital; for reductions in benefit that happen when we feel there is no other way to make up the shortfall of eligible rent in an 'old-scheme' case (before January 1996); for reductions in benefit that happen in new-scheme cases (after January 1996) caused by the rent officer's figures being used; to make up for the effect of the 65% Housing Benefit and 20% Council Tax Benefit reductions used to work out benefit; and
- to make up for the effect of non-dependant deductions.
Please note that as a DHP is discretionary, you must not assume that we will give it to you even if you meet any of the reasons above!
We will also look at what 'disposable income' you have. We work this out by looking at what money you have coming in and what your day-to-day expenses are. If it turns out that you still have income above what you need to live on, you may not qualify for a DHP. Fill in a DHP form to make sure.
How long will it be given for? (back to top)
The decision will be based on your current circumstances and the funding that is available. It is not, however, a long-term solution to meeting the shortfall in your rent or Council Tax as future payments are not guaranteed.
What if my circumstances change after you have awarded me a DHP? (back to top)
You should tell us immediately if your circumstances change. You may have to pay money back that you are not entitled to if you don't. You could also lose out on any benefit due to you when you don't report changes.
What if I can't afford the shortfall and you turn me down for a DHP? (back to top)
If you rent from a private landlord, you could try and renegotiate your rent with him or her or look for cheaper accommodation.
Will you backdate my DHP (back to top)
We will consider backdating your DHP claim if you can show that you were unable to make your claim earlier. You must be receiving housing benefit and/or council tax benefit for the past period. Backdating will usually be limited to the current financial year.
If you want to claim a DHP, ask for a form. You must complete and post to us both the Discretionary Housing Payment form and the financial breakdown sheet.
Can I get help if I pay rent to a private landlord? (back to top)
There are special Housing Benefit rules if you rent from a private landlord. If you are a council tenant, these rules do not affect you. If you pay your rent to the person who owns your home, a property company, an estate agent or letting agency, there are special rules about how much Housing Benefit we can pay you. If you pay a very high rent to a housing association, the special rules may apply to you. In most cases, Housing Benefit will not cover the whole of your rent. The rules are complicated. This information cannot tell you all the details. It is meant to give you a general idea of what usually happens.
The Rent Service (TRS)
The Rent Service (TRS) is an executive agency of the Department for Work and Pensions. TRS provides valuations for local authorities in England, for use in the assessment of claims for Housing Benefit where the tenant is renting from a private landlord.
Housing Benefit Determinations
In making a determination the Rent Officer will consider:
• The level of rent
• The rent for similar properties within the vicinity
• The number of rooms
• The age and number of people living within the property being assessed
The determination will usually run for 12 months unless there is a significant change to the property or the number of people included within the household.
Pre-tenancy determinations (PTD)
If you are claiming housing benefit and are planning to rent from a private landlord you can ask TRS to make a valuation before you sign the tenancy agreement. You need to complete a pre-tenancy determination form available on TRS website or from your local authority housing benefit department . The PTD form needs to be signed by you as the prospective tenant, and either the landlord or landlords agent, and returned to the local authority Housing Benefit department that covers the area where the property is located. This form must not be sent direct to The Rent Service.
To learn more about The Rent Service click on the following link to their website and visit their Frequently Asked Questions section: http://www.therentservice.gov.uk/
Appeals
If you think the Rent Officer's figure that we use for your benefit is wrong, you can appeal. We must get your appeal within one month of us telling you the result of your claim. If we get your appeal in time, we will send the rent figure back to the Rent Officer. A different Rent Officer from another area will look at the figure and decide whether it is right. If the second Rent Officer decides that the first Rent Officer's figure was right, your Housing Benefit will stay the same. If the second Rent Officer decides that the figure needs to be changed, we will work out your Housing Benefit again using the new figure. We must do this even if the second Rent Officer gives us a lower figure than before. Remember that the second Rent Officer will only be looking at the local reference rent or single room rent figure. They won't look at the rent your landlord actually charges. For more details, you should ask for our leaflet about appeals. You can also print off the leaflet by clicking on the link below.
Exceptions to the rules
In just a few cases, we may sometimes pay Housing Benefit that is more than the local reference rent or single room rent. We may do this in the following situations.
- If you have rented the same home since before 6 October 1997, and you have been getting Housing Benefit on it non-stop all that time, we can sometimes pay Housing Benefit above the local reference rent. If someone in your family has died within the last year and you are still living in the same home where you lived with that person, you may be able to get Housing Benefit above the local reference rent.
- If you have not claimed benefit for at least a year and you could afford the rent when you moved into your home, we can pay more than the local reference rent for 13 weeks only.
In some cases, if you are having difficulty paying the shortfall in rent because we are using the Rent Officer's figure for your Housing Benefit, you may claim a 'discretionary housing payment' (DHP). Starting work but claiming benefits?
I am claiming Housing Benefit. What happens if I start work? (back to top)
You must tell us as soon as you know that you are starting work. You can write, phone or visit us. If you phone or visit us we will ask you to confirm the details of the change in writing.If you are getting Income Support or Jobseeker's Allowance, you must also tell the Department for Work and Pensions (DWP) (previously called the Benefits Agency) or Jobcentre Plus It is important that you tell us straightaway otherwise you could end up having to pay money back. If you are renewing your claim based on your earnings, it doesn't matter if you don't know exactly how much you will be earning. Make sure you tell us the date you are going to start work. We can get the details about your wages later, but don't delay telling us.Can I get any extra help with rent and Council Tax to help make that move into work a little easier?
Yes, you may qualify for an extended payment of Housing Benefit and Council Tax Benefit – also known as Housing Benefit Run-On (HBRO). It is called HBRO but it does cover both Housing Benefit and Council Tax Benefit. There is also a Lone Parent Run-On (LPRO) which is explained further on in the leaflet.What is a Housing Benefit Run-On (HBRO)?
HBRO is an extra four weeks of Housing Benefit and Council Tax Benefit which we will pay at the same rate you were originally getting before starting work.We deal with this benefit using information supplied by Jobcentre Plus. What are the qualifying conditions?
- You or your partner start employment or self-employment, or increase your hours or earnings. It is expected to last for at least five weeks. You or your partner have been entitled to Income Support (IS) or income-based or contribution-based Jobseeker's Allowance, or a combination of both for 26 weeks continuously which has now ended. (Note: The 26-week qualifying period can involve a combination of income-based and contribution-based Jobseeker's Allowance, but you must be receiving income-based Jobseeker's Allowance or Income Support when you start work.) You or your partner have been on Housing Benefit and Council Tax Benefit and this has stopped as a result of Income Support or income-based Jobseeker's Allowance ending.
- You or your partner are liable for rent or Council Tax (at the same or a new address).
In the case of a couple, it doesn't matter which partner fulfils any or all of the conditions.
(By partner, we mean someone you are married to or living with as if they are your husband or wife.)Can I get it?
If your answer is 'Yes' to all of the qualifying conditions above, you may get the Housing Benefit Run-On. How do I claim it?
You don't need to fill in a form to claim it. Make sure you have told the DWP and council of your change in circumstances. You must do this within the first four weeks of starting work or your wage or hours increasing. Although you can do it by telephone, it would be wise to follow up with written confirmation if possible.How much will I get?
The amount you get will depend on the amount of Housing Benefit and Council Tax Benefit you have been getting.What else should I know?
- HBRO is only payable for four weeks, but not for any rent-free weeks. If, for example, weeks two and three of the four-week period are rent-free, we will only make an extended payment for weeks one and four.
- If you do not tell us about the change in circumstances within the first four weeks of the change happening, you will not be entitled to an extended payment.
Lone Parent Run-On (LPRO)
What is it?
- An extra two weeks' benefit if you have been getting Income Support, Minimum Income Guarantee or income-based Jobseeker's Allowance.
- If you get the Lone Parent's Benefit Run-On, you will also get the maximum Housing Benefit and Council Tax Benefit for a total of four weeks after you start work.
Lone Parent Run-On is available for certain lone parents who have been on Income Support and who start work after being out of work for 26 weeks or more. It means they get two weeks' extra Income Support after they start the job. During these two weeks they continue to qualify for Housing Benefit and Council Tax Benefit in the ordinary way. Their entitlement to an extended payment is only for two weeks (rather than the usual four). This benefit is dealt with by Jobcentre Plus. In most cases, the DWP tells us the last day the person is entitled to Income Support and the date on which the person claiming started work. Once they have this, they can work out the correct period to award an extended payment.Can I get it?
Have you:
- been getting Income Support, Minimum Income Guarantee or income-based Jobseeker's Allowance for at least 26 weeks? been a lone parent for those 26 weeks? started work or increased the number of hours you already work so that you now work 16 hours a week or more? increased the number of hours you already work?
- started full-time work that you expect to last for five weeks or more?
If you have answered 'Yes' to all these questions, you may get Lone Parent's Benefit
Run-On.
For more information on LPRO, get in touch with your Jobcentre Plus office.
What is Council Tax? (back to top)
Council Tax is a local tax set by local councils to help pay for services. Properties are valued for council tax purposes, with each dwelling being placed in a valuation list in one of eight valuation bands from A to H.
The council tax charge is set be your local council. The charge depends on how much it and certain other public bodies require. In this Borough this is Berwick-upon-Tweed Borough Council, Northumberland County Council (the largest share), Northumbria Police Authority and the Parish Council if applicable.
The amount you are liable to pay therefore depends upon the band your home is in. The less expensive your home, the less you pay.
What counts as a dwelling? (back to top)
Houses, flats, bungalows and maisonettes all count as dwellings provided they are used for domestic purposes. If a property is an annex and is entirely self contained then it will count as a separate dwelling. Mobile homes, caravans and houseboats also count if they are someone’s main home.
Who has to pay? (back to top)
There is one council tax bill for each dwelling. To work out who has to pay refer to the list below. As soon as you reach a description which applies to someone in your home, they will be responsible and will be the liable person.
a) A resident freeholder (so for owner occupied property the owner(s) are
liable.
b) A resident leaseholder
c) A resident statutory or secure tenant
d) A resident licensee
e) A resident
f) The owner (this applies where the dwelling has no residents).
A “resident” is a person of 18 years or over who lives in the dwelling as their only or main home.
Does only one person have to pay in each dwelling? (back to top)
In some instances more than one person can be liable. People who are joint owners or tenants are jointly liable, as generally are husband and wife or partners.
Can I get help towards my Council Tax charge? (back to top)
In certain circumstances we may need to visit your property to verify or decide the exemption which would be applicable. You will always be contacted in advance to agree a suitable date and time.
There are several ways in which you can get your bill reduced.
Discounts:
– the full council tax assumes that there are two or more adults living in
the dwelling. If only one person* is resident the bill can be reduced by
25%
- if the dwelling is empty (unfurnished) a 50% charge is applicable for any period after an initial 6 months (there is no charge for the first 6 months)
- if the dwelling is a second home a 10% discount is applicable
*certain people will not be counted when looking at the number of adults resident in the dwelling if they meet certain conditions:
- full time students, student nurses, apprentices
- patients resident in hospital (long term)
- people who are being looked after in residenial care homes
- people who are severely mentally impaired
- people staying in certain hostels or night shelters
- 18-19 year olds who are at or have just left school or college
- care workers on low pay, usually for charities
- people caring for someone with a disability who is not a spouse, partner or child under 18
- members of visiting forces and certain international institutions
- members of religious communities (monks and nuns)
- people in prison (unless in prison for non-payment of council tax)
Benefit:
- if you have a low income. Please click on the link above to see FAQs for benefits.
Reductions for disabilities
- if a dwelling has been adapted to meet the needs of a disabled resident there may be an entilement to a reduction of one band e.g. dwelling in band C is charged at the level of a band B, in the event a dwelling is in the lowest band A a reduction of 1/9th of the charge is applicable.
How can I pay my council tax charge? (back to top)
- by direct debit (a mandate will be enclosed with your bill)
- in person at the Councils cashiering section, Wallace Green, Berwick-upon-Tweed or at any post office using the plastic payment card issued to you if you do not wish to pay by direct debit
- by telephone on 01289 301771(?)
- through the Internet using the secure Girobank Bill Pay link
What can I do if you think the decision about my Housing Benefit or Council Tax Benefit is wrong? (back to top)
If you think the decision is wrong, you can ask us to explain it. If you still think it's wrong after we have explained it to you, you can ask us to reconsider it.
For some decisions, you can appeal to an independent tribunal who can change the decision if they agree that it is wrong. The tribunal is administered by the Appeals Service.
There are time limits for asking for decisions to be looked at again and for appealing.
What to do
You can:
ask us to explain our decision; ask us to look at our decision again; or appeal against the decision.
The decision
If you get a decision in writing from us about Housing Benefit or Council Tax Benefit, you can ask us to look at it again. If we do not change our decision, you may be able to appeal to an independent tribunal. The letter telling you about the decision will tell you if you can appeal.
If you receive a decision in writing, it is usually because you have:
- claimed Housing Benefit or Council Tax Benefit; had a change of circumstances, which affects your benefit; or
- been told you have to pay back benefit.
You may be able to ask us to look at a decision again or appeal against it. There are special rules if you are not claiming the benefit yourself. For example, if you are a landlord and a decision is made about whether Housing Benefit is to be paid directly to you, or if you are a landlord and a decision is made to recover an overpayment of Housing Benefit from you.
If you are an appointee for another person, you can ask us to look again at a decision about their benefit and you may be able to appeal for them. The letter telling you about the decision will tell you if you can appeal. An appointee is someone who acts for a person who cannot act for themselves.
Do you want more information about the decision?
You have received a letter telling you about your Housing Benefit or Council Tax Benefit decision. Do you want more information about the decision? If 'Yes', contact us about the decision letter straightaway.
You must do this straightaway because if you want us to look at the decision again or if you want to appeal against it, you must do so within one month of the date on the decision letter.
You can phone us, write to us or visit us.
When you contact us you can do one or more of the following.
You can ask us to explain the reasons for the decision. If you want more information to help you decide what to do, ask us for a written statement of reasons for the decision if we have not already sent you one. You must do this within one month of the date on the decision letter. We will send the statement of reasons to you as soon as possible.
If you still disagree with the decision, you can:
- ask us to look at it again; or
- appeal against the decision.
If you asked us for a written statement of reasons, we will extend the one month you have to ask us to look at the decision again or to appeal against it by the time we took to send you the statement of reasons.
Do you want us to look at the decision again?
You have received a letter from us telling you the decision or a written statement of reasons explaining the decision or we have explained our decision and you still think it is wrong.
Do you want us to look at the decision again? If 'Yes', we will look at the decision again.
Let us know in writing within one month of the date of the decision. If you ask for an explanation first, the one month is still from the date on the decision letter. If you ask for a written statement of reasons, you will have one month from the date on the decision letter plus the time we took to send you the statement of reasons.
If there are special circumstances which mean you cannot contact us within one month, we may still be able to change the decision. Tell us what the special circumstances are when you contact us.
If you ask us to look at a decision again more than one month after the date on the decision letter and you do not have special circumstances, we may still be able to change the decision but this will usually only be from the date you wrote to us.
What happens next? When you ask us to look at a decision again, we will check that the decision is correct. A different member of staff will usually do this.
If the decision is wrong, we will change it.
If we can change the decision
If you asked us to look at our decision again within one month, or had special circumstances which meant you could not, we will change the decision from the date of the original decision. If you do not agree with the new decision, you can ask us to look at it again. If you asked us to look at our decision again after one month and did not have special circumstances, we will usually change the decision from the date you asked us.
We will send you a letter telling you what the new decision is.
If we cannot change the decision
If we cannot change the decision, we will send you a letter telling you that we cannot change it. The letter will confirm the original decision. The letter will tell you if you can appeal against the original decision.
If you can appeal, the one-month time limit starts again from the date on the letter confirming the decision.
Do you want to appeal against the decision?
You have received a letter from us telling you the decision or a written statement of reasons explaining the decision and you still think it is wrong. Or, we have explained our decision and you still think it is wrong.
The letter telling you about the decision tells you if you have the right to appeal against it.
Do you:
- have the right to appeal against the decision? believe the decision is wrong?
- want to appeal to an independent tribunal?
If you have answered 'Yes' to all the questions above, you can appeal.
The Appeals Service will decide your appeal at a tribunal hearing. The tribunal is made up of people who are not from the local authority.
Fill in all the relevant boxes on the form. You can get help from an advice centre or a solicitor.
Write down the reasons for your appeal. This is important because the tribunal does not have to look at anything you do not mention. Make sure that you sign the form.
Send the form back to the office shown on your decision letter within one month of the date on the decision letter.
If you cannot appeal against the decision, you can still ask us to look at it again. See 'Do you want us to look at our decision again?'
Remember, if the appeal tribunal finds that you have been getting too much money, your benefit will be reduced.
What the tribunal looks at
The tribunal can only look at the evidence, the law and the circumstances at the time we made the decision you are appealing against. The tribunal cannot look at changes of circumstances that happened after we made the decision.
If a change of circumstances could affect your benefit or mean you could claim again, you should report it straightaway. Do not wait for the appeal hearing. Contact us using the details shown on your decision letter. For more information about the types of change you must report click on either pensioners or working age.
Late appeals
The Appeals Service may not be able to accept your appeal if it receives it more than one month after the date on the decision letter. They can only accept a late appeal if there are special circumstances that caused the delay. These could be a death, a serious illness, an absence abroad, a postal strike or some other special circumstance.
You should include an explanation of why you could not appeal within one month with your appeal.
If we accept your reasons for lateness, we will process the appeal as before. A legally qualified tribunal member will look at the reasons you have given for not appealing in time and will decide if your appeal can be accepted. They will look at:
- whether there were special circumstances for the delay;
- the length of time since you received the decision;
- whether it is in the interests of justice that your appeal is accepted; and
- whether your appeal is reasonably likely to succeed.
The Appeals Service cannot accept a late appeal if the only reason is that you misunderstood the law, or if the interpretation of the law has changed since we made the decision.
We cannot accept your appeal if you appeal 13 months or more after the date on the decision letter.
Appeal tribunals
Tribunals are made up of one or two members, neither of whom is from the local authority. Tribunal members will be experts on the issues involved in your appeal. All tribunals have a legally qualified member to help apply the law to your appeal.
Tribunals may also include someone with financial qualifications.
After you have made an appeal
After you have appealed, we will offer you an explanation of our decision if we have not already done this.
We will look at the decision again if we have not already done this.
If we agree that the original decision is wrong and the new decision is to your advantage, we will send you a new decision and your appeal will stop. If you do not agree with the new decision, you can appeal against it. If we agree that the original decision is wrong but the new decision is not to your advantage, we will send you a new decision. Your appeal will continue against the new decision. You will have another month to comment on the new decision. If we do not change the decision, we will send your appeal, and an explanation of the law and facts we used to make the decision, to the Appeals Service. We will also include any other relevant papers. We will send a copy of the appeal papers to you and your representative, if you have one.
Read the appeal papers very carefully. If you do not understand something, ask us, an advice centre or a solicitor to explain.
You will also receive a TAS 1 form. You must fill in this form and send it to the Appeals Service within 14 days of the date the form was sent to you. If you do not, your appeal will stop.
The form also asks you questions about how you want the Appeals Service to look at your appeal. You can choose between an oral hearing and a paper hearing. If you choose to go to an oral hearing you will be able to deal with any questions or issues that arise.
Oral hearing
This is an appeal hearing which you can go to.
- The tribunal may ask you questions. You can ask questions. You can take someone with you to represent you. You can call witnesses to give evidence to the tribunal.
- One of our representatives may be at the hearing. They may ask you questions and call witnesses.
If you choose an oral hearing but find you cannot go, you must let the Appeals Service know straightaway. You must have a good reason why you cannot go, such as an illness. You may be able to arrange another date. If you do not let the Appeals Service know you cannot go to the hearing, the tribunal may hear your appeal without you.
Oral hearings are usually open to the public, but you can ask to have your appeal heard in private if you want to. If you live abroad and want an oral hearing, let the Appeals Service know you want to go to the hearing or want to send someone to represent you. The Appeals Service can arrange for your appeal hearing to be:
- as near as possible to the place you arrive in Great Britain; as near as possible to your representative if you have one; or
- delayed until you are in Great Britain.
Expenses The Appeals Service may pay some of your expenses for going to the tribunal, for example, travel costs. If you want more information about expenses, contact the Appeals Service office that is handling your appeal.
If you live abroad, you will have to pay your own fares to and from Great Britain. You may be able to get expenses while you are in Great Britain and the appeal hearing is going on.
Paper hearing
This is an appeal hearing which you do not go to. You should use the form we will send you with the appeal papers to add any more information which you think will help your case.
Do not delay sending information as we will not tell you the date of a paper hearing. The Appeals Service will hear the appeal and send you the decision.
If the tribunal think they need you to go to an oral hearing, they can refuse your request for a paper hearing.
If you choose a paper hearing but change your mind, you can choose to have an oral hearing. Write to the Appeals Service straightaway.
The Result
Whether you have an oral or paper hearing the Appeals Service will give you a decision notice explaining the tribunal's decision as soon as possible after the appeal hearing. We will also receive a copy of the decision.
You can also ask for a statement of reasons. This gives an explanation of the tribunal's decision, including the facts and the law used. You must ask for a statement of reasons within one month of the date you are given or sent the decision notice. You must have a copy of the statement of reasons if you appeal to the Social Security Commissioners. See 'If you disagree with the tribunal's decision' below.
If you want a record of the appeal hearing, you can get a copy of the record of proceedings up to six months from the date of the hearing.
If your appeal is successful, we will usually put the decision right as soon as we receive our copy of the tribunal's decision. We may not put it right straightaway if we appeal to the Social Security Commissioners.
If you disagree with the tribunal's decision
Appeals to the Social Security Commissioners
If you do not agree with the appeal tribunal's decision, you may be able to appeal to the Social Security Commissioners.
The Commissioners are barristers, solicitors or advocates with at least 10 years' experience and are appointed by the Queen on the advice of the Lord Chancellor. They are independent of both the Department for Work and Pensions and the local authority.
Who can appeal to the Commissioners?
Appeals can be made by:
- anyone who has already appealed to the Appeals Service; the local authority; and
- the Department for Work and Pensions.
What you can appeal to the Commissioners about You can only appeal to the Commissioners on a point of law. You cannot appeal to the Commissioners about:
- questions of facts; or
- a tribunal's findings or conclusions.
How to appeal Your decision letter from the Appeals Service will tell you what to do if you are unhappy with the decision. Read this carefully. It tells you important time limits for your appeal.
You cannot appeal unless you first get the statement of reasons for the tribunal's decision.
You should read the statement of reasons carefully. If you think the tribunal did not apply the law correctly, you can apply for leave to appeal to the Commissioners. You must do this within one month of the date the statement of reasons was sent to you.
If you appeal to the Commissioners, you must send the statement of reasons with your application. If you do not, your application may not be looked at.
A legally qualified tribunal member will decide if your appeal can be sent to the Commissioners or if the appeal should be looked at again by a different tribunal.
You can ask an advice centre, solicitor or another suitable person or organisation to help with your application.
Late applications The Appeals Service can only accept late applications for a statement of reasons or leave to appeal to the Commissioners if there are special circumstances or special reasons that caused the delay.
You will need to show why you were not able to make your request on time.
Other organisations that can help
Advice centres, such as the Citizens' Advice Bureau and the law centres, can represent you and help you understand the reasons for decisions about Housing Benefit and Council Tax Benefit. They can also help you to fill in forms or to write a letter. They will sometimes go with you to the tribunal that hears your appeal. It will help the advice centre if you show them any letters you have about the decision that you think is wrong. Trade unions may also offer free advice to their members. They may also be able to speak for you at the tribunal that hears your appeal.
You can find addresses for these organisations in the business section of the phone book, the Thomson Local directory, the Yellow Pages or at a library.
Solicitors
You may be able to get advice from a solicitor under the Legal Advice and Assistance Scheme. You can find out about this from a solicitor. If you decide to use one, the scheme does not cover the cost. You cannot get any money for things like solicitors' fees from us or the Appeals Service.
For details of solicitors and advice centres, contact:
The Legal Aid Board
Franchise Development Group
85 Grays Inn Road
London
WC1X 8AA.
If you live abroad
You can ask someone in Great Britain to act for you. They may be able to get help from a solicitor under the Legal Advice and Assistance Scheme. The scheme does not cover the cost of a solicitor to help you at a hearing, as mentioned earlier.
What are Business Rates? (back to top)
Business Rates (National Non-Domestic Rates) are local taxes paid by the occupiers or owners of properties that are classed by the Valuation Office Agency as non-domestic. Certain properties, whilst being non-domestic, are exempt and don’t appear in the list of properties prepared by the Valuation Office agency. Examples of these are agricultural buildings, churches, and property wholly used by disabled persons. The Council is responsible for the collection of Business Rates in its area. The money collected is paid to Central Government into the National Non-Domestic Rates Pool. The money in the Pool is then distributed back to local Councils on a formula based on population.
How much Business Rates would I have to pay?
(please note: Although the Council has responsibility for the collection of Business rates, it is the Valuation Office Agency who have responsibility for assesing the ratable value. You can contact them by selecting this link Valuation office)
Every non-domestic property appearing in the Rating List has a Rateable Value which is assessed by the Valuation Office Agency. This is multiplied by a rate in the pound or “multiplier” which is set annually by Central Government. The charge may be subject to a transitional adjustment, which is an adjustment to phase in a large increase or decrease in the charge following the five-yearly revaluation of business properties.
Who is liable for payment of Business Rates?
The person liable to pay Business Rates is either the occupier of the property or the person entitled to possession – ie the owner or leaseholder of the property where the property is empty.
Can I get a reduction on the amount of Business Rates I have to pay?
Transitional Relief – The liability may be subject to a transitional adjustment, which is an adjustment to phase in large increases and decreases in the charge following the five-yearly revaluation of business properties. Transitional relief is calculated automatically by the Council.
Empty properties – If a property becomes empty, no Business Rates are payable for the first three months, thereafter 50% of the full Rates is payable. However, properties with a Rateable Value less than £1900, Listed Buildings, and Industrial properties (factories, workshops etc) are exempt from Business Rates whilst empty.
Charitable Relief – Charities are entitled to an 80% reduction in their Business Rates. The Council has the discretion to award a further reduction. The Council also has the discretion to award reductions of up to 100% to certain other non-profit making organisations.
Rural Rate Relief - Certain businesses in designated rural areas may be entitled to Rural Rate Relief if they meet certain criteria.
Hardship Relief – If a business is experiencing hardship and is of particular benefit to the local community, the Council has the discretion to award Rate Relief on the grounds of hardship.
National Non Domestic Rates – Revaluation 2005 (back to top)
All business rates property ratable values have been re-assesed, with effect from 1st April 2005.
In line with the Local Governemt Act 2003, from 1st April 2005, there will be two multipliers, the small business non-domestic rating multiplier, which is applicable to those that qualify for the small business relief, and the non-domestic rating multiplier which includes the supplement to pay for small business relief.
the small business non-domestic rating multiplier for 2005/06 is 41.5p per pound of ratable value and the non-domestic rating multiplier is 42.2p.
For more information regarding the 2005 revaluation for Non Domestic Rates and how it will affect your property visit www.mybusinessrates.gov.uk
Small Business Rate Relief (back to top)
Outline of the Scheme
From 1st April 2005 Small Business Rate Relief (SBRR) will be available to businesses.
Eligible business properties with a rateable value of £5,000 and below will get 50% rate relief. This will decrease on a sliding scale of 1% for every £100 below £10,000 rateable value ceiling.
Business properties with a rateable value from £10,000 to below £15,000 outside Greater London and from £10,000 to below £21,500 within Greater London (the buffer zone) will have rate relief of 0% but will have their bill calculated using the small business non-domestic rating multiplier.
Eligibility Criteria
The business property must be occupied and within the thresholds above.
The business property must meet the criteria on 1st April of the relevant chargeable year and on every chargeable day for which they are claiming eligibility.
The relief is only available to ratepayers with either
- one property, or
- one main property and other additional properties providing those additional properties have rateable values less than £2,200 and the total value of all the properties remains under the appropriate threshold (i.e. £15,000 outside Greater London and £21,500 within Greater London).
Calculation of the Bill – Changes through the year
The relief will only be applied to one property only.
The threshold (£15,000 or £21,500) will be based on the location of the eligible property – not the location of the additional properties.
The bill will be calculated for each chargeable day for which it remains eligible. As soon as a ratepayer fails to meet the criteria above, they are no longer due the rate relief.
Charge on The Other Business Properties
The charge on the additional business properties (under £2,200) will be based on the higher non-domestic rating multiplier.
Buffer Zone
Business properties in the buffer zone must apply for the relief. The same eligibility criteria applies.
Registration
Ratepayers must apply to the local authority for the relief for each year they are claiming relief.
Where the ratepayer is a person, the application must be signed by the ratepayer and in any other case, i.e. a company it must be signed by a person with authority to sign on behalf of the ratepayer.
Applications for the financial year may be accepted up to six months before the start of the chargeable year and up to six months after the financial year concerned.
If the rateable value is altered, applications may be accepted up to six months after the date of notification of the alteration.
How do I Apply
You can download an application form by selecting this link. You should complete all sections, sign and date then return to the address shown on the form.
Contact the Business Rates Section by telephoning 01289 301744 or email to Enquiries@berwick-upon-tweed.gov.uk.
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