Housing Benefit and the housing element
Most working-age renters no longer claim Housing Benefit — rent help now comes through Universal Credit. But Housing Benefit still exists for pensioners and some other groups, and it is often the better route. Knowing which applies to you matters.
On this page
Which one applies to you
| Your situation | How you get rent help |
|---|---|
| Working age, renting privately or socially | Universal Credit housing element. Housing Benefit is closed to new claims. |
| Pension age | Housing Benefit, claimed from the council. Pensioners cannot claim UC for rent at all — except in mixed-age couples. |
| Mixed-age couple — one over, one under State Pension age | Universal Credit, unless you were already on Pension Credit or Housing Benefit before May 2019 and have remained entitled. |
| Living in certain supported or temporary accommodation | Housing Benefit, even at working age. Specified accommodation and temporary accommodation are excluded from UC. |
| Receiving Pension Credit | Housing Benefit. This route is often more generous, and the capital rules are far more favourable. |
Moved to UC and worse off? When you migrate from Housing Benefit to the UC housing element, the way rent is calculated changes. There are transitional protections, and the DWP applies a transitional element in some cases to soften the loss. It is not applied automatically in every case — check the calculation, and challenge it if the transitional protection appears to have been missed.
How much rent help you get
Whether through Housing Benefit or the UC housing element, the amount is calculated broadly the same way. It is not your actual rent — it is a maximum entitlement, from which deductions are made.
Private renters
Restricted to the Local Housing Allowance — a rate set for your area and the size of home you need, not what you actually pay. If your rent exceeds the LHA rate, you pay the difference yourself.
Social renters
Based on your actual rent, but the bedroom rules apply — the under-occupancy charge, commonly called the bedroom tax.
Shared accommodation
Under 35 and single with no children, you are normally limited to the shared accommodation rate — considerably lower than a one-bedroom rate. There are important exemptions.
Service charges
Some service charges are covered, others are not. Personal care, water and fuel are excluded. Cleaning of communal areas and certain warden costs may be covered.
The Local Housing Allowance
LHA rates are set by the Valuation Office Agency for broad rental market areas, and are published by the month. They are set at the 30th percentile of local rents, which means by definition 30% of local rents sit at or below the rate. Rates are capped at the bottom of the range, which is why shortfalls are common in high-demand areas.
| Household size | Basis of LHA rate |
|---|---|
| Single, under 35, no children | Shared accommodation rate — a room in a shared house |
| Single, 35 or over, or with children | One-bedroom rate, or two-bedroom rate with one child in some cases |
| Couple, no children | One-bedroom rate |
| Couple or single parent with children | Two bedrooms, plus one per additional child where the age and sex rules require it |
| Disabled person needing a carer to stay overnight | An additional bedroom may be allowed |
The under-35 shared accommodation rate is the most common cause of large shortfalls. A single person under 35 with no children is restricted to the shared rate — typically a few hundred pounds a month less than a one-bedroom rate. There are exemptions, including for people receiving the daily living component of PIP, the middle or higher rate care component of DLA, or who are in certain other categories. If you receive PIP daily living and are under 35, that exemption is worth checking immediately.
The bedroom rules
For social housing, you are allowed one bedroom for each of the following, and a reduction applies for each additional spare bedroom:
- An adult couple, or two adults who are not a couple.
- Any other single adult aged 16 or over.
- Two children under 10, regardless of sex.
- Two children of the same sex under 16.
- Any other child.
- A non-resident carer, where you or your partner needs overnight care.
Under-occupancy is charged at 14% of the rent for one spare bedroom and 25% for two or more. The charge is calculated on your rent, not on a flat amount.
Disabled children and the bedroom rules. Where a child is entitled to the middle or higher rate care component of DLA, or the daily living component of PIP after turning 16, they are counted as requiring their own room and are not paired. Where a disabled child cannot share because of their condition, an extra bedroom may be allowed. This is a specific exemption that is frequently overlooked in social housing claims and can remove the bedroom deduction entirely.
Non-dependant deductions
Where another adult lives with you — a grown-up child, a relative, a friend — a deduction is usually made from your rent help, even though they are not liable for your rent. The deduction is based on their gross income, ranging from around £16 a week up to £123 a week for higher earners.
No deduction is made where the non-dependant is:
- Under 18, or under 25 and on certain benefits or in approved training.
- Receiving Pension Credit.
- Receiving certain disability benefits, or the carer's element of UC, or Carer's Allowance.
- A full-time student during the summer holiday.
- In prison, or a hospital inpatient for more than six weeks.
- Blind or severely sight impaired, or receiving certain disability-related benefits.
Discretionary Housing Payment
Where your rent help does not cover your rent — because of the LHA shortfall, the bedroom tax, a non-dependant deduction or the benefit cap — you can apply to your council for a Discretionary Housing Payment (DHP).
- DHPs are not a benefit and there is no statutory right to one. It is a discretionary payment, and each council sets its own priorities.
- Funding is limited and runs out in many councils before the financial year ends. Applying early in the year genuinely improves your chances.
- Awards are usually temporary, typically three to six months, to allow you to adjust.
- They are most commonly awarded where there is a risk of homelessness, where a family needs a home of a particular size, or where someone is adapting to a change.
- You must be receiving Housing Benefit, Universal Credit or Pension Credit to apply.
How to claim
- Housing Benefit — claim from the councilIt is not claimed from the DWP. Apply directly to your local authority. Most councils have an online form, and claims can usually be backdated for a limited period if you have a good reason for the delay.
- UC housing element — report it in your UC claimAdd your housing costs in the UC journal, with a tenancy agreement and proof of rent. This is not automatic even if you have a UC claim running.
- Check the calculation when it arrivesVerify the LHA rate used, the number of bedrooms allowed, and any non-dependant deduction. These three items account for most errors.
- Challenge it if it is wrongFor Housing Benefit, ask for a written statement of reasons and then request revision within one month; there is a further appeal route to the tribunal. For the UC housing element, the route is mandatory reconsideration followed by appeal.
Shortfall between your rent and your benefit?
We can check the calculation, claim Discretionary Housing Payment, and challenge the LHA or bedroom decision if it is wrong.
Book a consultation — £50 Estimate your UC including rent