Ineligible for housing benefit

Most full-time students are not eligible for housing benefit. [1]

Exceptions

A full-time student is eligible for housing benefit if s/he: [2]

• receives income support, income-based jobseeker's allowance, income-related employment support allowance or universal credit (where that payment does not include an amount for housing costs)

• is on a part-time course

• is aged under 20 on approved training, and were enrolled before they reached 19

• is aged under 21 and in non-advanced education, or aged over 21 and continuing such a course

• is a lone parent responsible for a dependent child or qualifying young person

• and her/his partner are full-time students, and either or both are responsible for a dependent child or qualifying young person

• is a lone foster parent

• (in certain circumstances) is a disabled person

• qualifies for a disabled student's allowance because s/he is deaf

• or her/his partner, has reached state pension credit age

• has returned from a temporary break from a course taken because s/he was sick or caring for someone, and is now not entitled to a grant or student loan.

Additionally, in the case of a couple where only one of them is a full-time student, the non-student is eligible to claim housing benefit on behalf of both.[3]

Claimants who live in care homes are normally excluded from housing benefit. [4] There are separate provisions for income support for people in these circumstances. If a claimant moves into a residential care home on a trial basis, for example to see if it is suitable for her/his needs, with the intention on the day of entry to return to her/his home if the trial proves unsuccessful, s/he can receive housing benefit on her/his old home for up to 13 weeks. [5] This entitlement is not affected if during that time s/he decides to stay in residential accommodation permanently. [6]

Where a claimant enters residential care on a temporary basis, for example while her/his carer is temporarily unavailable, with the intention to return to her/his original home, s/he is entitled to housing benefit to pay for the original home for up to 52 weeks.

The provision of a full-time live-in carer, or any other element of health care, does not have the effect of converting a private home into a care home. [7]

A person who:

• stays in a first-come first-served nightshelter,

• cannot remain or leave her/his belongings in the shelter during the day

• sleeps in a dormitory and has no security of tenure

Is not considered to be occupying a dwelling as her/his home. As such s/he is not entitled to housing benefit for any overnight charges. [8]

Housing benefit is not payable for these costs. [9] Some assistance may be available through Support for mortgage interest

Payments under a housing association co-ownership scheme are not eligible for housing benefit. [10] This is not the same as a shared ownership scheme (see section on Shared/low-cost home ownership in Home ownership) where housing benefit can be claimed on the rent element of the housing costs.

It is not possible to claim Housing Benefit for the purchase of a mobile home through hire purchase, credit sale or conditional sale agreement. [11] However an owner may be eligible for Housing Benefit for the site on which the mobile home stands. [12]

Crown tenants (ie tenants where the interest in the land is owned by the Crown or a government department) are excluded from claiming housing benefit, [13] but may be entitled to income support or income-based jobseeker's allowance to help with their housing costs. In addition, many Crown landlords have voluntarily established separate schemes for tenants on low incomes. The local authority sometimes administers these.

Housing benefit is not payable where an occupier is fully maintained by a religious order, eg monks and nuns in enclosed orders. [14] However, members of religious communities may be eligible for housing benefit if they are obliged to contribute towards their own board and lodging.

A person classified as a 'person from abroad' is not eligible for housing benefit because s/he is treated as not liable for rent. [15]

A person from abroad is someone who does not, or cannot be treated as passing the habitual residence test. Note that a British citizen returning to the UK from abroad or coming to the UK for the first time is a 'person from abroad' and will only be eligible for housing benefit if s/he is habitually resident.

The legislation lists categories of persons who are treated as not being 'from abroad [16] persons in those categories are therefore automatically eligible.  These include people who have been granted refugee status but also some people who have been granted leave outside of the rules made under section 3(2) of the Immigration Act 1971.  As this is a complex area of law you may want to seek specialist advice if advising someone in this category.

The legislation has been amended at certain times to remove some categories from eligibility.

Persons leaving Montserrat or Zimbabwe

With effect from 29 October 2013, persons in the following two categories are 'persons from abroad' and only eligible for housing benefit if they have a right to reside in the Common Travel Area (if they are British Citizens they have a right to reside), are habitually resident, and: [17]

• left Montserrat after 1 November 1995 because of the effects of the volcanic eruption

• came from Zimbabwe to settle in the UK between 28 February 2009 and 17 March 2011 following an offer of assistance from the UK government.

EEA/EU nationals claiming income-based JSA

With effect from 1 April 2014, an EEA/EU national (or her/his family member) in receipt of income-based jobseekers allowance (JSA) and whose only right to reside in the UK is the extended right of a jobseeker is not eligible for housing benefit. [18] This removed the automatic 'passporting' of EEA/EU nationals in receipt of income-based JSA to housing benefit.

There is transitional protection for those EEA/EU nationals who were eligible for both income-based JSA and housing benefit on 30 March 2014, but this ends when there is a break in claim for either benefit. [19]

DWP guidance

The Department for Work and Pensions (DWP) produces guidance on different aspects of the right to reside, and the eligibility for housing benefit, of EEA/EU nationals. This includes sections in its Decision Makers' Guide.

The Department for Work and Pensions has issued HB Urgent Bulletin U1/2018 advising local authorities who identify a housing benefit (HB) claimant who is unable to evidence their immigration status to allow access to HB, but indicates they are from the ‘Windrush generation’. The authority is advised ‘to apply extreme caution and refer the claimant, or their representative, to the Home Office dedicated taskforce team’ on 0800 678 1925.