Changes to the law regarding Housing Benefit payments
publication date: Jun 8, 2007
From 2008 Housing Benefit will
be paid direct to claimants in
private rented accommodation
unless they are vulnerable or in rent
arrears. Known as Local Housing
Allowance, the new scheme has
been tested in 18 ‘pathfinder’ local
authority areas, prior to national
rollout. The final report from the
pilot is due in the summer of 2007.
The Government is also aiming for
Housing Benefit payments to be
made to social housing claimants
rather than their landlords.
Some reports claim, rather patronisingly,
that tenants in receipt of benefit are not
able to manage their money and so will
not pay their rent.
One group, the Residential Landlords
Association, is advising landlords to simply
say ‘NO’ to Housing Benefit tenancies.
“The trouble is … the money is often
spent on other priorities instead of paying
the rent. And there are no winners from a
situation that just encourages more rent
arrears,” says RLA chairman Lee Dribben.
“Landlords can’t afford to take that sort
of financial loss on a routine basis while
they chase defaulting tenants who have
already spent their rent allowance on
other things.Vulnerable low-income
tenants, who already have difficulty
managing their money, are being driven
further into debt.”
On the other hand, a new report from
the Chartered Institute of Housing
(CIH) for the Joseph Rowntree
Foundation (JRF) shows that most
tenants make rent payments the first
priority, and that any rent arrears
are often linked to administrative
problems rather than wilful nonpayment.
The new research entitled Direct
Payment of Housing Benefit
- what do claimants think?
Reports that there was a mixed
response to the Government plans
to pay Housing Benefit direct to
claimants. It identifies that tenants
with an organised approach to
money management should adjust
well to direct payment of Housing
Benefit, but others will need support
and money management advice in
order to make the transition.
The research is based on in-depth
interviews with tenants of private
and social housing and reveals that
many people, regardless of tenure,
age and family circumstances, are
content with payment of Housing
Benefit to the landlord as it avoids
‘hassle’, provides peace of mind and
avoids the need for them to become
involved in case of errors or non
payment. Their attitude to moving
to direct payment depends on their
overall approach to managing their
finances.
Claimants who tended to have a
more organised approach to money
management thought the transition
to receiving Housing Benefit and
paying full rent themselves would be
straightforward. Individuals with a more
chaotic approach expressed anxiety
about the ‘hassle’ involved and, in
a minority of cases, about spending
the Housing Benefit consciously or
inadvertently on other things.
The report said that this highlights
the need for support to make the
transition to claimant payment in terms
of adequate money management and
budgeting advice and regular and clear
statements of Housing Benefit received
and rent payments made.
The report also shows that using bank
accounts and automated methods of
payment could reduce the ‘hassle’
factor and help make the transition
to direct payment smoother.
Claimants who already receive direct
payment appreciate the control they
have over the Housing Benefit and
the rent payment process and the fact
that they can conceal their benefit
status from their private landlord, so
have greater housing choice.
“Most people will be able to adjust to
having Housing Benefit paid to them
instead of their landlord, but safeguards
need to be in place for the minority
of claimants that do have problems.”
said Oxford University Professor Peter
Kemp, who led the study.
ARLA’s Chief Executive Adrian Turner
responded to the debate by saying
that tenants should be encouraged to
take responsibility for themselves.
“No one in the industry believes that
the historic housing benefit system
worked to the benefit of landlords,
tenants or agents. ARLA was involved
in some of the early discussions
with the Department for Work and
Pensions over the introduction of
the Housing Allowance system and
encouraged the Department in their
efforts to improve the system.
We see nothing wrong in
encouraging tenants in receipt of the
Housing Allowance to take personal
responsibility for planning their
finances and budgeting their income
against expenditure just as anyone
else has to.”
The new Housing Allowance system
has safeguards in to allow the
payment to be made directly to agents
or landlords in certain circumstances,
such as arrears build up. So the
argument that the system is inflexible
is weak.
Adrian concluded: “ARLA wants to see
a robust private rented sector, with all
parties taking their responsibilities
seriously. We do not believe it benefits
the market for landlords to create
outcasts of a whole section of their
potential tenant base.“
One ARLA member that we spoke to
said:
“We don’t have a problem with
Housing Benefit tenants. You cannot
exclude people because they are
getting help. We minimise potential
problems by taking a guarantor even
if only part of the rent is being paid by
benefit, but actually, they are no more
or less likely to get into arrears than
any other tenant.”
The Government makes changes to the way Housing Benefit Payments are made.