I am 24, single and currently working only part time. I am unable to meet my private housing rent on the money that I am earning. Would I be entitled to claim Housing Benefit?

You can only make a new claim for Housing Benefit if either of the following apply:

Housing Benefit

Eligibility

Housing Benefit can help you pay your rent if you’re unemployed, on a low income or claiming benefits. It’s being replaced by Universal Credit.

you have reached State Pension age

you’re in supported, sheltered or temporary housing

You’ve reached State Pension age

If you’re single you can make a new claim for Housing Benefit.

If you’re over State Pension age and live with your partner

You can make a new claim for Housing Benefit if any of the following apply:

you and your partner have both reached State Pension age

one of you has reached State Pension age and started claiming Pension Credit (for you as a couple) before 15 May 2019

If you’re over State Pension age and have an existing claim

Your existing claim will not be affected if, before 15 May 2019, you:

were getting Housing Benefit

had reached State Pension age

It does not matter if your partner is under State Pension age.

If your circumstances change and your Housing Benefit is stopped, you cannot start getting it again unless you and your partner are eligible to make a new claim.

You can apply for Universal Credit if you’re not eligible.

If you’re in supported, sheltered or temporary housing

You can make a new claim if:

you’re living in temporary accommodation, such as a B&B arranged by your council

you’re living in a refuge for survivors of domestic abuse

you’re living in sheltered or supported housing (such as a hostel) which provides you with ‘care, support or supervision’

If you do not get ‘care, support or supervision’ through your supported or sheltered housing, you can apply for Universal Credit to help with housing costs.

If you’re in supported, sheltered or temporary housing, you can apply for Universal Credit to help with other living costs.

When you may not be able to claim

Usually, you will not get Housing Benefit if:

your savings are over £16,000 - unless you get Guarantee Credit of Pension Credit

you’re paying a mortgage on your own home - you may be able to get Support for Mortgage Interest (SMI)

you live in the home of a close relative

you’re already claiming Universal Credit (unless you’re in temporary or supported housing)

you live with your partner and they are already claiming Housing Benefit

you’re a full-time student

you’re residing in the UK as a European Economic Area jobseeker

you’re an asylum seeker or sponsored to be in the UK

you’re subject to immigration control and your granted leave states that you cannot claim public funds

you’re a Crown Tenant

you’ve reached State Pension age but your live-in partner has not - unless you had an existing claim as a couple before 15 May 2019

You may be able to get other help with housing costs.

If not, you’ll need to claim Universal Credit instead.

Use a benefits calculator to check if you can get Housing Benefit before you apply

What you'll get

You may get help with all or part of your rent. There’s no set amount of Housing Benefit and what you get will depend on whether you rent privately or from a council.

Use a benefits calculator to work out what you could get or check what extra help is available.

Council and social housing rent

How much you get depends on:

your ‘eligible’ rent

if you have a spare room

your household income - including benefits, pensions and savings (over £6,000)

your circumstances, for example the age of people in the house or if someone has a disability

Eligible rent

Your eligible rent is the amount used to calculate your Housing Benefit claim. It’s your actual rent plus any service charges you have to pay (such as for lift maintenance or a communal laundry) but not things like heating or water costs for your home.

Spare bedrooms

Your Housing Benefit could be reduced if you live in council or social housing and have a spare  bedroom. The reduction is:

14% of the ‘eligible rent’ for 1 spare bedroom

25% of the ‘eligible rent’ for 2 or more spare bedrooms

Sharing bedrooms

The following are expected to share:

an adult couple

2 children under 16 of the same sex

2 children under 10 (regardless of sex)

The following can have their own bedroom:

a single adult (16 or over)

a child that would normally share but shared bedrooms are already taken, for example you have 3 children and 2 already share

a couple or children who cannot share because of a disability or medical condition

an overnight carer for you, your partner, your child or another adult - this is only if the carer does not live with you but sometimes has to stay overnight

One spare bedroom is allowed for:

an approved foster carer who is between placements but only for up to 52 weeks from the end of the last placement

a newly approved foster carer for up to 52 weeks from the date of approval if no child is placed with them during that time

Rooms used by students and members of the armed or reserve forces will not be counted as ‘spare’ if they’re away and intend to return home.

Private rent

If you rent privately, your eligible rent amount is either your Local Housing Allowance (LHA) rate or your actual rent, whichever is lower. The LHA rate is based on:

where you live

your household size - find out how many bedrooms you’re eligible for

How much you can get

How much you get depends on:

the lower figure of your ‘eligible’ rent or LHA rate

your household income including benefits, pensions and savings (over £6,000)

your circumstances (for example your age or whether you have a disability)

Contact your local council if you’re living in:

a houseboat or a mooring

a caravan site

a room with any meals included in the rent (sometimes known as a boarding home)

a hostel

a Rent Act protected property

Exception

If you’ve been getting Housing Benefit since before 7 April 2008, these limits only apply if you:

change address

have a break in your claim for Housing Benefit

How you’re paid

The way you get paid Housing Benefit by your council depends on the type of tenant you are.

If you’re a:

council tenant, it’s paid into your rent account (you will not receive the money)

private or housing association tenant, it’s paid into your bank or building society account (rarely by cheque)

The benefit cap

The benefit cap limits the total amount of benefit you can get. It applies to most people aged 16 or over who have not reached State Pension age.

If you’re affected, your Housing Benefit will go down to make sure that the total amount of benefit you get is not more than the cap level. Use the benefit cap calculator to find out how the benefit cap affects you.

Appeal a Housing Benefit decision

Contact your local council to appeal a Housing Benefit decision.

Supporting your claim

You’ll need to provide some information and evidence to support your claim for Housing Benefit.

You’ll get Housing Benefit faster if you have this available when you make your claim.

You’ll need to know:

how much rent you pay

whether anything else is included in the rent, such as water, gas or electricity charges

if you pay any service charges, including building maintenance or insurance

your landlord or agent’s details

Special types of tenancy

If your current tenancy started in 1997 or earlier and you rent from a private landlord, you’ll need to know if you have an ‘assured tenancy’. You can check your tenancy on the Shelter website.

If you live in and pay rent for a government property (a ‘Crown Tenant’), you’re not entitled to Housing Benefit. This includes armed forces living in service family accommodation (SFA).

Evidence you’ll have to provide

You’ll need to provide original documents, not copies. The supporting evidence you’ll need includes:

your most recent payslips (5 if paid weekly, or 2 if paid monthly)

bank or building society statements for the last 2 full months

proof of other income or investments, including shares, ISAs or Premium Bonds

proof of income for any non-dependants living with you, such as adult relatives or friends

You’ll also need proof of your partner’s name and address. You cannot use the same document to prove both their name and address.

Provide any 2 of the following:

UK photocard driving licence

current passport

birth or marriage certificate

biometric residence permit

certificate of registration or naturalisation

permanent residence card

letter from HMRC or the Home Office

recent utility bill

recent bank or building society statement

recent benefit award statements

If you rent from a private landlord

You’ll also need to provide one of the following:

a tenancy agreement or rent book

a letter from your landlord confirming your tenancy - this is usually supplied at the start of your tenancy

How to claim

Housing Benefit is being replaced by Universal Credit. Most people will need to claim Universal Credit instead.

Check if you’re eligible for Housing Benefit before you apply.

You can either apply:

through your local council

as part of a Pension Credit claim, if you’re eligible for this

You’ll need to provide evidence to support your Housing Benefit claim.

If you’re applying for Pension Credit

You can apply for Housing Benefit as part of your Pension Credit application.

Apply for Pension Credit online or contact the Pension Service to claim.

The Pension Service will send details of your claim for Housing Benefit to your council.

Claiming in advance and backdating

You can claim in advance by up to 13 weeks (or 17 weeks if you’re aged 60 or over), for example if you’re moving. You will not usually get any money before you move.

You might also be able to get your claim backdated - ask your council.

Appeal a decision

You can ask your council for a Housing Benefit decision to be reconsidered.

If you’re unhappy with the response you can appeal the decision.

Report a change of circumstances

You need to report a change of circumstances for you and anyone else in your house.

Your claim might be stopped or reduced if you do not report a change of circumstances straight away.

Changes can include:

starting or stopping work, education, training or an apprenticeship

changes to the benefits you or anyone else in your house gets

changes to your personal or workplace pension

changes to your savings, investments or property

your income going up or down

moving house

your rent going up or down

going abroad for any length of time

going into hospital, a care home or sheltered accommodation

people moving into or out of your house (for example your partner, a child or lodger)

having a baby

your partner or someone you live with dying

your child turning 18

changes to your immigration status, if you’re not a British citizen

Contact your council if you’re not sure whether you need to report a change.

How to report

Report a change of circumstances to your council.

If you receive other benefits

You need to report a change of circumstances for all benefits you receive.

If your other benefits stop

Some benefits stop if you go back to work, work more hours or earn more money.

If this happens, your council might:

give you an extra 4 weeks of housing benefit (‘Extended Payment of Housing Benefit’)

start paying you an ‘in-work Housing Benefit’

You do not have to claim - your council will decide if you’re eligible for help and write to let you know.

If you’ve been paid too much

You may have to repay the money if you:

did not report a change straight away

gave wrong information

were overpaid by mistake

Find out how to repay the money you owe from benefit overpayment.

Other help with housing costs

Housing Benefit will not cover heating, hot water, energy or food. If you need help, use a benefits calculator to see what else you might be entitled to.

Extra help to pay the rent

You could also apply for extra help from your council if your Housing Benefit does not cover your rent. This is called a Discretionary Housing Payment.

Help with heating costs

Check what help you can get with heating and energy costs.

you’re in supported, sheltered or temporary housing

Housing Benefit

Eligibility

Housing Benefit can help you pay your rent if you’re unemployed, on a low income or claiming benefits. It’s being replaced by Universal Credit.

You can only make a new claim for Housing Benefit if either of the following apply:

you have reached State Pension age

You’ve reached State Pension age

If you’re single you can make a new claim for Housing Benefit.

If you’re over State Pension age and live with your partner

You can make a new claim for Housing Benefit if any of the following apply:

you and your partner have both reached State Pension age

one of you has reached State Pension age and started claiming Pension Credit (for you as a couple) before 15 May 2019

If you’re over State Pension age and have an existing claim

Your existing claim will not be affected if, before 15 May 2019, you:

were getting Housing Benefit

had reached State Pension age

It does not matter if your partner is under State Pension age.

You can apply for Universal Credit if you’re not eligible.

If you’re in supported, sheltered or temporary housing

You can make a new claim if:

you’re living in temporary accommodation, such as a B&B arranged by your council

you’re living in a refuge for survivors of domestic abuse

you’re living in sheltered or supported housing (such as a hostel) which provides you with ‘care, support or supervision’

If you’re in supported, sheltered or temporary housing, you can apply for Universal Credit to help with other living costs.

When you may not be able to claim

Usually, you will not get Housing Benefit if:

your savings are over £16,000 - unless you get Guarantee Credit of Pension Credit

you’re paying a mortgage on your own home - you may be able to get Support for Mortgage Interest (SMI)

you live in the home of a close relative

you’re already claiming Universal Credit (unless you’re in temporary or supported housing)

you live with your partner and they are already claiming Housing Benefit

you’re a full-time student

you’re residing in the UK as a European Economic Area jobseeker

you’re an asylum seeker or sponsored to be in the UK

you’re subject to immigration control and your granted leave states that you cannot claim public funds

you’re a Crown Tenant

you’ve reached State Pension age but your live-in partner has not - unless you had an existing claim as a couple before 15 May 2019

You may be able to get other help with housing costs.

If not, you’ll need to claim Universal Credit instead.

Use a benefits calculator to check if you can get Housing Benefit before you apply

What you'll get

Use a benefits calculator to work out what you could get or check what extra help is available.

Council and social housing rent

How much you get depends on:

your ‘eligible’ rent

if you have a spare room

your household income - including benefits, pensions and savings (over £6,000)

your circumstances, for example the age of people in the house or if someone has a disability

Eligible rent

Spare bedrooms

Your Housing Benefit could be reduced if you live in council or social housing and have a spare  bedroom. The reduction is:

14% of the ‘eligible rent’ for 1 spare bedroom

25% of the ‘eligible rent’ for 2 or more spare bedrooms

Sharing bedrooms

The following are expected to share:

an adult couple

2 children under 16 of the same sex

2 children under 10 (regardless of sex)

The following can have their own bedroom:

a single adult (16 or over)

a child that would normally share but shared bedrooms are already taken, for example you have 3 children and 2 already share

a couple or children who cannot share because of a disability or medical condition

One spare bedroom is allowed for:

an approved foster carer who is between placements but only for up to 52 weeks from the end of the last placement

a newly approved foster carer for up to 52 weeks from the date of approval if no child is placed with them during that time

Rooms used by students and members of the armed or reserve forces will not be counted as ‘spare’ if they’re away and intend to return home.

Private rent

where you live

your household size - find out how many bedrooms you’re eligible for

How much you can get

How much you get depends on:

the lower figure of your ‘eligible’ rent or LHA rate

your household income including benefits, pensions and savings (over £6,000)

your circumstances (for example your age or whether you have a disability)

Contact your local council if you’re living in:

a houseboat or a mooring

a caravan site

a room with any meals included in the rent (sometimes known as a boarding home)

a hostel

a Rent Act protected property

Exception

If you’ve been getting Housing Benefit since before 7 April 2008, these limits only apply if you:

change address

have a break in your claim for Housing Benefit

How you’re paid

The way you get paid Housing Benefit by your council depends on the type of tenant you are.

If you’re a:

council tenant, it’s paid into your rent account (you will not receive the money)

private or housing association tenant, it’s paid into your bank or building society account (rarely by cheque)

The benefit cap

The benefit cap limits the total amount of benefit you can get. It applies to most people aged 16 or over who have not reached State Pension age.

Appeal a Housing Benefit decision

Contact your local council to appeal a Housing Benefit decision.

Supporting your claim

You’ll need to provide some information and evidence to support your claim for Housing Benefit.

You’ll get Housing Benefit faster if you have this available when you make your claim.

You’ll need to know:

how much rent you pay

whether anything else is included in the rent, such as water, gas or electricity charges

if you pay any service charges, including building maintenance or insurance

your landlord or agent’s details

Special types of tenancy

Evidence you’ll have to provide

You’ll need to provide original documents, not copies. The supporting evidence you’ll need includes:

your most recent payslips (5 if paid weekly, or 2 if paid monthly)

bank or building society statements for the last 2 full months

proof of other income or investments, including shares, ISAs or Premium Bonds

proof of income for any non-dependants living with you, such as adult relatives or friends

You’ll also need proof of your partner’s name and address. You cannot use the same document to prove both their name and address.

Provide any 2 of the following:

UK photocard driving licence

current passport

birth or marriage certificate

biometric residence permit

certificate of registration or naturalisation

permanent residence card

letter from HMRC or the Home Office

recent utility bill

recent bank or building society statement

recent benefit award statements

If you rent from a private landlord

You’ll also need to provide one of the following:

a tenancy agreement or rent book

a letter from your landlord confirming your tenancy - this is usually supplied at the start of your tenancy

How to claim

Housing Benefit is being replaced by Universal Credit. Most people will need to claim Universal Credit instead.

Check if you’re eligible for Housing Benefit before you apply.

You can either apply:

through your local council

as part of a Pension Credit claim, if you’re eligible for this

You’ll need to provide evidence to support your Housing Benefit claim.

If you’re applying for Pension Credit

You can apply for Housing Benefit as part of your Pension Credit application.

Apply for Pension Credit online or contact the Pension Service to claim.

The Pension Service will send details of your claim for Housing Benefit to your council.

Claiming in advance and backdating

You might also be able to get your claim backdated - ask your council.

Appeal a decision

You can ask your council for a Housing Benefit decision to be reconsidered.

If you’re unhappy with the response you can appeal the decision.

Report a change of circumstances

You need to report a change of circumstances for you and anyone else in your house.

Your claim might be stopped or reduced if you do not report a change of circumstances straight away.

Changes can include:

starting or stopping work, education, training or an apprenticeship

changes to the benefits you or anyone else in your house gets

changes to your personal or workplace pension

changes to your savings, investments or property

your income going up or down

moving house

your rent going up or down

going abroad for any length of time

going into hospital, a care home or sheltered accommodation

people moving into or out of your house (for example your partner, a child or lodger)

having a baby

your partner or someone you live with dying

your child turning 18

changes to your immigration status, if you’re not a British citizen

Contact your council if you’re not sure whether you need to report a change.

How to report

Report a change of circumstances to your council.

If you receive other benefits

You need to report a change of circumstances for all benefits you receive.

If your other benefits stop

Some benefits stop if you go back to work, work more hours or earn more money.

If this happens, your council might:

give you an extra 4 weeks of housing benefit (‘Extended Payment of Housing Benefit’)

start paying you an ‘in-work Housing Benefit’

You do not have to claim - your council will decide if you’re eligible for help and write to let you know.

If you’ve been paid too much

You may have to repay the money if you:

did not report a change straight away

gave wrong information

were overpaid by mistake

Find out how to repay the money you owe from benefit overpayment.

Other help with housing costs

Extra help to pay the rent

You could also apply for extra help from your council if your Housing Benefit does not cover your rent. This is called a Discretionary Housing Payment.

Help with heating costs

Check what help you can get with heating and energy costs.

You can make a new claim if:

Housing Benefit

Eligibility

Housing Benefit can help you pay your rent if you’re unemployed, on a low income or claiming benefits. It’s being replaced by Universal Credit.

You can only make a new claim for Housing Benefit if either of the following apply:

you have reached State Pension age

you’re in supported, sheltered or temporary housing

You’ve reached State Pension age

If you’re single you can make a new claim for Housing Benefit.

If you’re over State Pension age and live with your partner

You can make a new claim for Housing Benefit if any of the following apply:

you and your partner have both reached State Pension age

one of you has reached State Pension age and started claiming Pension Credit (for you as a couple) before 15 May 2019

If you’re over State Pension age and have an existing claim

Your existing claim will not be affected if, before 15 May 2019, you:

were getting Housing Benefit

had reached State Pension age

It does not matter if your partner is under State Pension age.

You can apply for Universal Credit if you’re not eligible.

If you’re in supported, sheltered or temporary housing

You can make a new claim if:

you’re living in temporary accommodation, such as a B&B arranged by your council

you’re living in a refuge for survivors of domestic abuse

you’re living in sheltered or supported housing (such as a hostel) which provides you with ‘care, support or supervision’

If you’re in supported, sheltered or temporary housing, you can apply for Universal Credit to help with other living costs.

When you may not be able to claim

Usually, you will not get Housing Benefit if:

your savings are over £16,000 - unless you get Guarantee Credit of Pension Credit

you’re paying a mortgage on your own home - you may be able to get Support for Mortgage Interest (SMI)

you live in the home of a close relative

you’re already claiming Universal Credit (unless you’re in temporary or supported housing)

you live with your partner and they are already claiming Housing Benefit

you’re a full-time student

you’re residing in the UK as a European Economic Area jobseeker

you’re an asylum seeker or sponsored to be in the UK

you’re subject to immigration control and your granted leave states that you cannot claim public funds

you’re a Crown Tenant

you’ve reached State Pension age but your live-in partner has not - unless you had an existing claim as a couple before 15 May 2019

You may be able to get other help with housing costs.

If not, you’ll need to claim Universal Credit instead.

Use a benefits calculator to check if you can get Housing Benefit before you apply

What you'll get

Use a benefits calculator to work out what you could get or check what extra help is available.

Council and social housing rent

How much you get depends on:

your ‘eligible’ rent

if you have a spare room

your household income - including benefits, pensions and savings (over £6,000)

your circumstances, for example the age of people in the house or if someone has a disability

Eligible rent

Spare bedrooms

Your Housing Benefit could be reduced if you live in council or social housing and have a spare  bedroom. The reduction is:

14% of the ‘eligible rent’ for 1 spare bedroom

25% of the ‘eligible rent’ for 2 or more spare bedrooms

Sharing bedrooms

The following are expected to share:

an adult couple

2 children under 16 of the same sex

2 children under 10 (regardless of sex)

The following can have their own bedroom:

a single adult (16 or over)

a child that would normally share but shared bedrooms are already taken, for example you have 3 children and 2 already share

a couple or children who cannot share because of a disability or medical condition

One spare bedroom is allowed for:

an approved foster carer who is between placements but only for up to 52 weeks from the end of the last placement

a newly approved foster carer for up to 52 weeks from the date of approval if no child is placed with them during that time

Rooms used by students and members of the armed or reserve forces will not be counted as ‘spare’ if they’re away and intend to return home.

Private rent

where you live

your household size - find out how many bedrooms you’re eligible for

How much you can get

How much you get depends on:

the lower figure of your ‘eligible’ rent or LHA rate

your household income including benefits, pensions and savings (over £6,000)

your circumstances (for example your age or whether you have a disability)

Contact your local council if you’re living in:

a houseboat or a mooring

a caravan site

a room with any meals included in the rent (sometimes known as a boarding home)

a hostel

a Rent Act protected property

Exception

If you’ve been getting Housing Benefit since before 7 April 2008, these limits only apply if you:

change address

have a break in your claim for Housing Benefit

How you’re paid

The way you get paid Housing Benefit by your council depends on the type of tenant you are.

If you’re a:

council tenant, it’s paid into your rent account (you will not receive the money)

private or housing association tenant, it’s paid into your bank or building society account (rarely by cheque)

The benefit cap

The benefit cap limits the total amount of benefit you can get. It applies to most people aged 16 or over who have not reached State Pension age.

Appeal a Housing Benefit decision

Contact your local council to appeal a Housing Benefit decision.

Supporting your claim

You’ll need to provide some information and evidence to support your claim for Housing Benefit.

You’ll get Housing Benefit faster if you have this available when you make your claim.

You’ll need to know:

how much rent you pay

whether anything else is included in the rent, such as water, gas or electricity charges

if you pay any service charges, including building maintenance or insurance

your landlord or agent’s details

Special types of tenancy

Evidence you’ll have to provide

You’ll need to provide original documents, not copies. The supporting evidence you’ll need includes:

your most recent payslips (5 if paid weekly, or 2 if paid monthly)

bank or building society statements for the last 2 full months

proof of other income or investments, including shares, ISAs or Premium Bonds

proof of income for any non-dependants living with you, such as adult relatives or friends

You’ll also need proof of your partner’s name and address. You cannot use the same document to prove both their name and address.

Provide any 2 of the following:

UK photocard driving licence

current passport

birth or marriage certificate

biometric residence permit

certificate of registration or naturalisation

permanent residence card

letter from HMRC or the Home Office

recent utility bill

recent bank or building society statement

recent benefit award statements

If you rent from a private landlord

You’ll also need to provide one of the following:

a tenancy agreement or rent book

a letter from your landlord confirming your tenancy - this is usually supplied at the start of your tenancy

How to claim

Housing Benefit is being replaced by Universal Credit. Most people will need to claim Universal Credit instead.

Check if you’re eligible for Housing Benefit before you apply.

You can either apply:

through your local council

as part of a Pension Credit claim, if you’re eligible for this

You’ll need to provide evidence to support your Housing Benefit claim.

If you’re applying for Pension Credit

You can apply for Housing Benefit as part of your Pension Credit application.

Apply for Pension Credit online or contact the Pension Service to claim.

The Pension Service will send details of your claim for Housing Benefit to your council.

Claiming in advance and backdating

You might also be able to get your claim backdated - ask your council.

Appeal a decision

You can ask your council for a Housing Benefit decision to be reconsidered.

If you’re unhappy with the response you can appeal the decision.

Report a change of circumstances

You need to report a change of circumstances for you and anyone else in your house.

Your claim might be stopped or reduced if you do not report a change of circumstances straight away.

Changes can include:

starting or stopping work, education, training or an apprenticeship

changes to the benefits you or anyone else in your house gets

changes to your personal or workplace pension

changes to your savings, investments or property

your income going up or down

moving house

your rent going up or down

going abroad for any length of time

going into hospital, a care home or sheltered accommodation

people moving into or out of your house (for example your partner, a child or lodger)

having a baby

your partner or someone you live with dying

your child turning 18

changes to your immigration status, if you’re not a British citizen

Contact your council if you’re not sure whether you need to report a change.

How to report

Report a change of circumstances to your council.

If you receive other benefits

You need to report a change of circumstances for all benefits you receive.

If your other benefits stop

Some benefits stop if you go back to work, work more hours or earn more money.

If this happens, your council might:

give you an extra 4 weeks of housing benefit (‘Extended Payment of Housing Benefit’)

start paying you an ‘in-work Housing Benefit’

You do not have to claim - your council will decide if you’re eligible for help and write to let you know.

If you’ve been paid too much

You may have to repay the money if you:

did not report a change straight away

gave wrong information

were overpaid by mistake

Find out how to repay the money you owe from benefit overpayment.

Other help with housing costs

Extra help to pay the rent

You could also apply for extra help from your council if your Housing Benefit does not cover your rent. This is called a Discretionary Housing Payment.

Help with heating costs

Check what help you can get with heating and energy costs.

you’re living in temporary accommodation, such as a B&B arranged by your council

Housing Benefit

Eligibility

Housing Benefit can help you pay your rent if you’re unemployed, on a low income or claiming benefits. It’s being replaced by Universal Credit.

You can only make a new claim for Housing Benefit if either of the following apply:

you have reached State Pension age

you’re in supported, sheltered or temporary housing

You’ve reached State Pension age

If you’re single you can make a new claim for Housing Benefit.

If you’re over State Pension age and live with your partner

You can make a new claim for Housing Benefit if any of the following apply:

you and your partner have both reached State Pension age

one of you has reached State Pension age and started claiming Pension Credit (for you as a couple) before 15 May 2019

If you’re over State Pension age and have an existing claim

Your existing claim will not be affected if, before 15 May 2019, you:

were getting Housing Benefit

had reached State Pension age

It does not matter if your partner is under State Pension age.

You can apply for Universal Credit if you’re not eligible.

If you’re in supported, sheltered or temporary housing

You can make a new claim if:

you’re living in a refuge for survivors of domestic abuse

you’re living in sheltered or supported housing (such as a hostel) which provides you with ‘care, support or supervision’

If you’re in supported, sheltered or temporary housing, you can apply for Universal Credit to help with other living costs.

When you may not be able to claim

Usually, you will not get Housing Benefit if:

your savings are over £16,000 - unless you get Guarantee Credit of Pension Credit

you’re paying a mortgage on your own home - you may be able to get Support for Mortgage Interest (SMI)

you live in the home of a close relative

you’re already claiming Universal Credit (unless you’re in temporary or supported housing)

you live with your partner and they are already claiming Housing Benefit

you’re a full-time student

you’re residing in the UK as a European Economic Area jobseeker

you’re an asylum seeker or sponsored to be in the UK

you’re subject to immigration control and your granted leave states that you cannot claim public funds

you’re a Crown Tenant

you’ve reached State Pension age but your live-in partner has not - unless you had an existing claim as a couple before 15 May 2019

You may be able to get other help with housing costs.

If not, you’ll need to claim Universal Credit instead.

Use a benefits calculator to check if you can get Housing Benefit before you apply

What you'll get

Use a benefits calculator to work out what you could get or check what extra help is available.

Council and social housing rent

How much you get depends on:

your ‘eligible’ rent

if you have a spare room

your household income - including benefits, pensions and savings (over £6,000)

your circumstances, for example the age of people in the house or if someone has a disability

Eligible rent

Spare bedrooms

Your Housing Benefit could be reduced if you live in council or social housing and have a spare  bedroom. The reduction is:

14% of the ‘eligible rent’ for 1 spare bedroom

25% of the ‘eligible rent’ for 2 or more spare bedrooms

Sharing bedrooms

The following are expected to share:

an adult couple

2 children under 16 of the same sex

2 children under 10 (regardless of sex)

The following can have their own bedroom:

a single adult (16 or over)

a child that would normally share but shared bedrooms are already taken, for example you have 3 children and 2 already share

a couple or children who cannot share because of a disability or medical condition

One spare bedroom is allowed for:

an approved foster carer who is between placements but only for up to 52 weeks from the end of the last placement

a newly approved foster carer for up to 52 weeks from the date of approval if no child is placed with them during that time

Rooms used by students and members of the armed or reserve forces will not be counted as ‘spare’ if they’re away and intend to return home.

Private rent

where you live

your household size - find out how many bedrooms you’re eligible for

How much you can get

How much you get depends on:

the lower figure of your ‘eligible’ rent or LHA rate

your household income including benefits, pensions and savings (over £6,000)

your circumstances (for example your age or whether you have a disability)

Contact your local council if you’re living in:

a houseboat or a mooring

a caravan site

a room with any meals included in the rent (sometimes known as a boarding home)

a hostel

a Rent Act protected property

Exception

If you’ve been getting Housing Benefit since before 7 April 2008, these limits only apply if you:

change address

have a break in your claim for Housing Benefit

How you’re paid

The way you get paid Housing Benefit by your council depends on the type of tenant you are.

If you’re a:

council tenant, it’s paid into your rent account (you will not receive the money)

private or housing association tenant, it’s paid into your bank or building society account (rarely by cheque)

The benefit cap

The benefit cap limits the total amount of benefit you can get. It applies to most people aged 16 or over who have not reached State Pension age.

Appeal a Housing Benefit decision

Contact your local council to appeal a Housing Benefit decision.

Supporting your claim

You’ll need to provide some information and evidence to support your claim for Housing Benefit.

You’ll get Housing Benefit faster if you have this available when you make your claim.

You’ll need to know:

how much rent you pay

whether anything else is included in the rent, such as water, gas or electricity charges

if you pay any service charges, including building maintenance or insurance

your landlord or agent’s details

Special types of tenancy

Evidence you’ll have to provide

You’ll need to provide original documents, not copies. The supporting evidence you’ll need includes:

your most recent payslips (5 if paid weekly, or 2 if paid monthly)

bank or building society statements for the last 2 full months

proof of other income or investments, including shares, ISAs or Premium Bonds

proof of income for any non-dependants living with you, such as adult relatives or friends

You’ll also need proof of your partner’s name and address. You cannot use the same document to prove both their name and address.

Provide any 2 of the following:

UK photocard driving licence

current passport

birth or marriage certificate

biometric residence permit

certificate of registration or naturalisation

permanent residence card

letter from HMRC or the Home Office

recent utility bill

recent bank or building society statement

recent benefit award statements

If you rent from a private landlord

You’ll also need to provide one of the following:

a tenancy agreement or rent book

a letter from your landlord confirming your tenancy - this is usually supplied at the start of your tenancy

How to claim

Housing Benefit is being replaced by Universal Credit. Most people will need to claim Universal Credit instead.

Check if you’re eligible for Housing Benefit before you apply.

You can either apply:

through your local council

as part of a Pension Credit claim, if you’re eligible for this

You’ll need to provide evidence to support your Housing Benefit claim.

If you’re applying for Pension Credit

You can apply for Housing Benefit as part of your Pension Credit application.

Apply for Pension Credit online or contact the Pension Service to claim.

The Pension Service will send details of your claim for Housing Benefit to your council.

Claiming in advance and backdating

You might also be able to get your claim backdated - ask your council.

Appeal a decision

You can ask your council for a Housing Benefit decision to be reconsidered.

If you’re unhappy with the response you can appeal the decision.

Report a change of circumstances

You need to report a change of circumstances for you and anyone else in your house.

Your claim might be stopped or reduced if you do not report a change of circumstances straight away.

Changes can include:

starting or stopping work, education, training or an apprenticeship

changes to the benefits you or anyone else in your house gets

changes to your personal or workplace pension

changes to your savings, investments or property

your income going up or down

moving house

your rent going up or down

going abroad for any length of time

going into hospital, a care home or sheltered accommodation

people moving into or out of your house (for example your partner, a child or lodger)

having a baby

your partner or someone you live with dying

your child turning 18

changes to your immigration status, if you’re not a British citizen

Contact your council if you’re not sure whether you need to report a change.

How to report

Report a change of circumstances to your council.

If you receive other benefits

You need to report a change of circumstances for all benefits you receive.

If your other benefits stop

Some benefits stop if you go back to work, work more hours or earn more money.

If this happens, your council might:

give you an extra 4 weeks of housing benefit (‘Extended Payment of Housing Benefit’)

start paying you an ‘in-work Housing Benefit’

You do not have to claim - your council will decide if you’re eligible for help and write to let you know.

If you’ve been paid too much

You may have to repay the money if you:

did not report a change straight away

gave wrong information

were overpaid by mistake

Find out how to repay the money you owe from benefit overpayment.

Other help with housing costs

Extra help to pay the rent

You could also apply for extra help from your council if your Housing Benefit does not cover your rent. This is called a Discretionary Housing Payment.

Help with heating costs

Check what help you can get with heating and energy costs.

you’re living in a refuge for survivors of domestic abuse

Housing Benefit

Eligibility

Housing Benefit can help you pay your rent if you’re unemployed, on a low income or claiming benefits. It’s being replaced by Universal Credit.

You can only make a new claim for Housing Benefit if either of the following apply:

you have reached State Pension age

you’re in supported, sheltered or temporary housing

You’ve reached State Pension age

If you’re single you can make a new claim for Housing Benefit.

If you’re over State Pension age and live with your partner

You can make a new claim for Housing Benefit if any of the following apply:

you and your partner have both reached State Pension age

one of you has reached State Pension age and started claiming Pension Credit (for you as a couple) before 15 May 2019

If you’re over State Pension age and have an existing claim

Your existing claim will not be affected if, before 15 May 2019, you:

were getting Housing Benefit

had reached State Pension age

It does not matter if your partner is under State Pension age.

You can apply for Universal Credit if you’re not eligible.

If you’re in supported, sheltered or temporary housing

You can make a new claim if:

you’re living in temporary accommodation, such as a B&B arranged by your council

you’re living in sheltered or supported housing (such as a hostel) which provides you with ‘care, support or supervision’

If you’re in supported, sheltered or temporary housing, you can apply for Universal Credit to help with other living costs.

When you may not be able to claim

Usually, you will not get Housing Benefit if:

your savings are over £16,000 - unless you get Guarantee Credit of Pension Credit

you’re paying a mortgage on your own home - you may be able to get Support for Mortgage Interest (SMI)

you live in the home of a close relative

you’re already claiming Universal Credit (unless you’re in temporary or supported housing)

you live with your partner and they are already claiming Housing Benefit

you’re a full-time student

you’re residing in the UK as a European Economic Area jobseeker

you’re an asylum seeker or sponsored to be in the UK

you’re subject to immigration control and your granted leave states that you cannot claim public funds

you’re a Crown Tenant

you’ve reached State Pension age but your live-in partner has not - unless you had an existing claim as a couple before 15 May 2019

You may be able to get other help with housing costs.

If not, you’ll need to claim Universal Credit instead.

Use a benefits calculator to check if you can get Housing Benefit before you apply

What you'll get

Use a benefits calculator to work out what you could get or check what extra help is available.

Council and social housing rent

How much you get depends on:

your ‘eligible’ rent

if you have a spare room

your household income - including benefits, pensions and savings (over £6,000)

your circumstances, for example the age of people in the house or if someone has a disability

Eligible rent

Spare bedrooms

Your Housing Benefit could be reduced if you live in council or social housing and have a spare  bedroom. The reduction is:

14% of the ‘eligible rent’ for 1 spare bedroom

25% of the ‘eligible rent’ for 2 or more spare bedrooms

Sharing bedrooms

The following are expected to share:

an adult couple

2 children under 16 of the same sex

2 children under 10 (regardless of sex)

The following can have their own bedroom:

a single adult (16 or over)

a child that would normally share but shared bedrooms are already taken, for example you have 3 children and 2 already share

a couple or children who cannot share because of a disability or medical condition

One spare bedroom is allowed for:

an approved foster carer who is between placements but only for up to 52 weeks from the end of the last placement

a newly approved foster carer for up to 52 weeks from the date of approval if no child is placed with them during that time

Rooms used by students and members of the armed or reserve forces will not be counted as ‘spare’ if they’re away and intend to return home.

Private rent

where you live

your household size - find out how many bedrooms you’re eligible for

How much you can get

How much you get depends on:

the lower figure of your ‘eligible’ rent or LHA rate

your household income including benefits, pensions and savings (over £6,000)

your circumstances (for example your age or whether you have a disability)

Contact your local council if you’re living in:

a houseboat or a mooring

a caravan site

a room with any meals included in the rent (sometimes known as a boarding home)

a hostel

a Rent Act protected property

Exception

If you’ve been getting Housing Benefit since before 7 April 2008, these limits only apply if you:

change address

have a break in your claim for Housing Benefit

How you’re paid

The way you get paid Housing Benefit by your council depends on the type of tenant you are.

If you’re a:

council tenant, it’s paid into your rent account (you will not receive the money)

private or housing association tenant, it’s paid into your bank or building society account (rarely by cheque)

The benefit cap

The benefit cap limits the total amount of benefit you can get. It applies to most people aged 16 or over who have not reached State Pension age.

Appeal a Housing Benefit decision

Contact your local council to appeal a Housing Benefit decision.

Supporting your claim

You’ll need to provide some information and evidence to support your claim for Housing Benefit.

You’ll get Housing Benefit faster if you have this available when you make your claim.

You’ll need to know:

how much rent you pay

whether anything else is included in the rent, such as water, gas or electricity charges

if you pay any service charges, including building maintenance or insurance

your landlord or agent’s details

Special types of tenancy

Evidence you’ll have to provide

You’ll need to provide original documents, not copies. The supporting evidence you’ll need includes:

your most recent payslips (5 if paid weekly, or 2 if paid monthly)

bank or building society statements for the last 2 full months

proof of other income or investments, including shares, ISAs or Premium Bonds

proof of income for any non-dependants living with you, such as adult relatives or friends

You’ll also need proof of your partner’s name and address. You cannot use the same document to prove both their name and address.

Provide any 2 of the following:

UK photocard driving licence

current passport

birth or marriage certificate

biometric residence permit

certificate of registration or naturalisation

permanent residence card

letter from HMRC or the Home Office

recent utility bill

recent bank or building society statement

recent benefit award statements

If you rent from a private landlord

You’ll also need to provide one of the following:

a tenancy agreement or rent book

a letter from your landlord confirming your tenancy - this is usually supplied at the start of your tenancy

How to claim

Housing Benefit is being replaced by Universal Credit. Most people will need to claim Universal Credit instead.

Check if you’re eligible for Housing Benefit before you apply.

You can either apply:

through your local council

as part of a Pension Credit claim, if you’re eligible for this

You’ll need to provide evidence to support your Housing Benefit claim.

If you’re applying for Pension Credit

You can apply for Housing Benefit as part of your Pension Credit application.

Apply for Pension Credit online or contact the Pension Service to claim.

The Pension Service will send details of your claim for Housing Benefit to your council.

Claiming in advance and backdating

You might also be able to get your claim backdated - ask your council.

Appeal a decision

You can ask your council for a Housing Benefit decision to be reconsidered.

If you’re unhappy with the response you can appeal the decision.

Report a change of circumstances

You need to report a change of circumstances for you and anyone else in your house.

Your claim might be stopped or reduced if you do not report a change of circumstances straight away.

Changes can include:

starting or stopping work, education, training or an apprenticeship

changes to the benefits you or anyone else in your house gets

changes to your personal or workplace pension

changes to your savings, investments or property

your income going up or down

moving house

your rent going up or down

going abroad for any length of time

going into hospital, a care home or sheltered accommodation

people moving into or out of your house (for example your partner, a child or lodger)

having a baby

your partner or someone you live with dying

your child turning 18

changes to your immigration status, if you’re not a British citizen

Contact your council if you’re not sure whether you need to report a change.

How to report

Report a change of circumstances to your council.

If you receive other benefits

You need to report a change of circumstances for all benefits you receive.

If your other benefits stop

Some benefits stop if you go back to work, work more hours or earn more money.

If this happens, your council might:

give you an extra 4 weeks of housing benefit (‘Extended Payment of Housing Benefit’)

start paying you an ‘in-work Housing Benefit’

You do not have to claim - your council will decide if you’re eligible for help and write to let you know.

If you’ve been paid too much

You may have to repay the money if you:

did not report a change straight away

gave wrong information

were overpaid by mistake

Find out how to repay the money you owe from benefit overpayment.

Other help with housing costs

Housing Benefit will not cover heating, hot water, energy or food. If you need help, use a benefits calculator to see what else you might be entitled to.

Extra help to pay the rent

You could also apply for extra help from your council if your Housing Benefit does not cover your rent. This is called a Discretionary Housing Payment.

Help with heating costs

Check what help you can get with heating and energy costs.

you’re living in sheltered or supported housing (such as a hostel) which provides you with ‘care, support or supervision’

Housing Benefit

Eligibility

Housing Benefit can help you pay your rent if you’re unemployed, on a low income or claiming benefits. It’s being replaced by Universal Credit.

You can only make a new claim for Housing Benefit if either of the following apply:

you have reached State Pension age

you’re in supported, sheltered or temporary housing

You’ve reached State Pension age

If you’re single you can make a new claim for Housing Benefit.

If you’re over State Pension age and live with your partner

You can make a new claim for Housing Benefit if any of the following apply:

you and your partner have both reached State Pension age

one of you has reached State Pension age and started claiming Pension Credit (for you as a couple) before 15 May 2019

If you’re over State Pension age and have an existing claim

Your existing claim will not be affected if, before 15 May 2019, you:

were getting Housing Benefit

had reached State Pension age

It does not matter if your partner is under State Pension age.

You can apply for Universal Credit if you’re not eligible.

If you’re in supported, sheltered or temporary housing

You can make a new claim if:

you’re living in temporary accommodation, such as a B&B arranged by your council

you’re living in a refuge for survivors of domestic abuse

you’re living in sheltered or supported housing (such as a hostel) which provides you with ‘care, support or supervision’

If you’re in supported, sheltered or temporary housing, you can apply for Universal Credit to help with other living costs.

When you may not be able to claim

Usually, you will not get Housing Benefit if:

your savings are over £16,000 - unless you get Guarantee Credit of Pension Credit

you’re paying a mortgage on your own home - you may be able to get Support for Mortgage Interest (SMI)

you live in the home of a close relative

you’re already claiming Universal Credit (unless you’re in temporary or supported housing)

you live with your partner and they are already claiming Housing Benefit

you’re a full-time student

you’re residing in the UK as a European Economic Area jobseeker

you’re an asylum seeker or sponsored to be in the UK

you’re subject to immigration control and your granted leave states that you cannot claim public funds

you’re a Crown Tenant

you’ve reached State Pension age but your live-in partner has not - unless you had an existing claim as a couple before 15 May 2019

You may be able to get other help with housing costs.

If not, you’ll need to claim Universal Credit instead.

Use a benefits calculator to check if you can get Housing Benefit before you apply

What you'll get

Use a benefits calculator to work out what you could get or check what extra help is available.

Council and social housing rent

How much you get depends on:

your ‘eligible’ rent

if you have a spare room

your household income - including benefits, pensions and savings (over £6,000)

your circumstances, for example the age of people in the house or if someone has a disability

Eligible rent

Spare bedrooms

Your Housing Benefit could be reduced if you live in council or social housing and have a spare  bedroom. The reduction is:

14% of the ‘eligible rent’ for 1 spare bedroom

25% of the ‘eligible rent’ for 2 or more spare bedrooms

Sharing bedrooms

The following are expected to share:

an adult couple

2 children under 16 of the same sex

2 children under 10 (regardless of sex)

The following can have their own bedroom:

a single adult (16 or over)

a child that would normally share but shared bedrooms are already taken, for example you have 3 children and 2 already share

a couple or children who cannot share because of a disability or medical condition

One spare bedroom is allowed for:

an approved foster carer who is between placements but only for up to 52 weeks from the end of the last placement

a newly approved foster carer for up to 52 weeks from the date of approval if no child is placed with them during that time

Rooms used by students and members of the armed or reserve forces will not be counted as ‘spare’ if they’re away and intend to return home.

Private rent

where you live

your household size - find out how many bedrooms you’re eligible for

How much you can get

How much you get depends on:

the lower figure of your ‘eligible’ rent or LHA rate

your household income including benefits, pensions and savings (over £6,000)

your circumstances (for example your age or whether you have a disability)

Contact your local council if you’re living in:

a houseboat or a mooring

a caravan site

a room with any meals included in the rent (sometimes known as a boarding home)

a hostel

a Rent Act protected property

Exception

If you’ve been getting Housing Benefit since before 7 April 2008, these limits only apply if you:

change address

have a break in your claim for Housing Benefit

How you’re paid

The way you get paid Housing Benefit by your council depends on the type of tenant you are.

If you’re a:

council tenant, it’s paid into your rent account (you will not receive the money)

private or housing association tenant, it’s paid into your bank or building society account (rarely by cheque)

The benefit cap

The benefit cap limits the total amount of benefit you can get. It applies to most people aged 16 or over who have not reached State Pension age.

Appeal a Housing Benefit decision

Contact your local council to appeal a Housing Benefit decision.

Supporting your claim

You’ll need to provide some information and evidence to support your claim for Housing Benefit.

You’ll get Housing Benefit faster if you have this available when you make your claim.

You’ll need to know:

how much rent you pay

whether anything else is included in the rent, such as water, gas or electricity charges

if you pay any service charges, including building maintenance or insurance

your landlord or agent’s details

Special types of tenancy

Evidence you’ll have to provide

You’ll need to provide original documents, not copies. The supporting evidence you’ll need includes:

your most recent payslips (5 if paid weekly, or 2 if paid monthly)

bank or building society statements for the last 2 full months

proof of other income or investments, including shares, ISAs or Premium Bonds

proof of income for any non-dependants living with you, such as adult relatives or friends

You’ll also need proof of your partner’s name and address. You cannot use the same document to prove both their name and address.

Provide any 2 of the following:

UK photocard driving licence

current passport

birth or marriage certificate

biometric residence permit

certificate of registration or naturalisation

permanent residence card

letter from HMRC or the Home Office

recent utility bill

recent bank or building society statement

recent benefit award statements

If you rent from a private landlord

You’ll also need to provide one of the following:

a tenancy agreement or rent book

a letter from your landlord confirming your tenancy - this is usually supplied at the start of your tenancy

How to claim

Housing Benefit is being replaced by Universal Credit. Most people will need to claim Universal Credit instead.

Check if you’re eligible for Housing Benefit before you apply.

You can either apply:

through your local council

as part of a Pension Credit claim, if you’re eligible for this

You’ll need to provide evidence to support your Housing Benefit claim.

If you’re applying for Pension Credit

You can apply for Housing Benefit as part of your Pension Credit application.

Apply for Pension Credit online or contact the Pension Service to claim.

The Pension Service will send details of your claim for Housing Benefit to your council.

Claiming in advance and backdating

You might also be able to get your claim backdated - ask your council.

Appeal a decision

You can ask your council for a Housing Benefit decision to be reconsidered.

If you’re unhappy with the response you can appeal the decision.

Report a change of circumstances

You need to report a change of circumstances for you and anyone else in your house.

Your claim might be stopped or reduced if you do not report a change of circumstances straight away.

Changes can include:

starting or stopping work, education, training or an apprenticeship

changes to the benefits you or anyone else in your house gets

changes to your personal or workplace pension

changes to your savings, investments or property

your income going up or down

moving house

your rent going up or down

going abroad for any length of time

going into hospital, a care home or sheltered accommodation

people moving into or out of your house (for example your partner, a child or lodger)

having a baby

your partner or someone you live with dying

your child turning 18

changes to your immigration status, if you’re not a British citizen

Contact your council if you’re not sure whether you need to report a change.

How to report

Report a change of circumstances to your council.

If you receive other benefits

You need to report a change of circumstances for all benefits you receive.

If your other benefits stop

Some benefits stop if you go back to work, work more hours or earn more money.

If this happens, your council might:

give you an extra 4 weeks of housing benefit (‘Extended Payment of Housing Benefit’)

start paying you an ‘in-work Housing Benefit’

You do not have to claim - your council will decide if you’re eligible for help and write to let you know.

If you’ve been paid too much

You may have to repay the money if you:

did not report a change straight away

gave wrong information

were overpaid by mistake

Find out how to repay the money you owe from benefit overpayment.

Other help with housing costs

Housing Benefit will not cover heating, hot water, energy or food. If you need help, use a benefits calculator to see what else you might be entitled to.

Extra help to pay the rent

You could also apply for extra help from your council if your Housing Benefit does not cover your rent. This is called a Discretionary Housing Payment.

Help with heating costs

Check what help you can get with heating and energy costs.


I am a 17 year old from Kent and my mother is no longer fit to care for my younger brother as she is mentally unstable. Can I apply to become my brothers legal guardian considering my age?

You can apply to be a child’s special guardian when they cannot live with their birth parents and adoption is not right for them.

Become a special guardian

What is a special guardian

You’ll be responsible for looking after the child until they’re 18 (unless the court takes your responsibility away earlier).

You’ll make all day to day decisions about the child, for example schooling and medical treatment. You do not have to discuss these decisions with the birth parents.

You’ll need to get the consent of everyone who has parental responsibility for the child before you make some important decisions, for example:

changing the child’s surname

putting the child up for adoption

taking the child abroad for more than 3 months

the child having surgery for reasons other than improving health, such as circumcision, sterilisation or cosmetic surgery

If you cannot get consent, you can ask the court to decide. Use the form ‘Make an application in existing court proceedings related to children’ (form C2).

Who can apply

You can apply to be a child’s special guardian if you’re not their parent and you’re over 18.

You can make an application with someone else. This is known as a joint claim.

You and anyone you’re applying with can apply if:

you’re already the child’s legal guardian

the child lives with you because of a child arrangements order

the child has lived with you for 3 of the past 5 years

you’re the child’s relative or a foster parent, and the child has been living with you for at least 1 year

you have the agreement of anyone named in a child arrangements order as someone who the child will live with

you have the agreement of all the people with parental responsibility for the child

you have the agreement of the local council, if the child is in care

If you do not fit one of these descriptions, you’ll need to ask the court’s permission to apply. You’ll need to send the following forms to your local family court:

‘Make an application in existing court proceedings relating to children’ (form C2)

‘Family mediation and assessment meeting’ (form FM1)

Apply

You can use a family mediator to help make arrangements with the child’s family to avoid having to apply to the court.

It costs £215 to apply to the court. You may be able to get help with court fees if you’re on benefits or a low income.

Before you apply

Three months before you apply to become a special guardian you need to tell your local council in writing that you plan to make an application.

You also need to tell anyone named in existing court proceedings or orders about the child that you plan to make an application.

Applying to the court

Fill in these forms and send them to your local family court:

an ‘Application for an order’ (form C1)

a supporting statement (form C13A)

a ‘Family mediation information and assessment meeting’ form (FM1) to show you’ve been through mediation or why you could not go

Make copies of your completed forms before you send your application to the court. You’ll need to send these copies to each person affected by the application after you apply.

Find your local family court.

If you want to keep your details private

You can apply to keep your and the child’s contact details private throughout the court proceedings.

Fill in ‘Apply to keep your contact details confidential from other parties in family proceedings’ (form C8) and send it with your application.

After you apply

Within 10 days of receiving your application the court will send you a case number and a date for a meeting to set out:

a timetable for your case

how it will be dealt with

This meeting is called a ‘first directions hearing’.

You must go to all hearings you’re told to unless the court excuses you. If you’re not able to go, contact the court office.

Contact people in the child’s life

You must send the date and location of the hearing along with copies of your application to everyone with parental responsibility for the child.

If there is a current care order about the child, you should also send details of the hearing and copies of your application to:

everyone you believe had parental responsibility before the current court-made care order

the court-appointed Cafcass children’s guardian

You must also tell the following people and organisations that you’ve applied:

the children’s services department of your local council or the council local to where the child is staying, if that is different

everyone who cares for the child

the home where the child stays if it is a registered children’s home or a voluntary home and it is a refuge

everyone the child has lived with for at least 3 years before you made the application

anyone else named in a current court order

anyone involved in any other ongoing proceedings that might be affected by your application

The final hearing

The court will decide if a special guardianship order is in the best interests of the child after looking at all the evidence, and in some cases, hearing from witnesses.

If the court agrees, they will send the final order to you and the other people involved in the case, including the birth parents.

Financial help for special guardians

You might be able to get a special guardian allowance from the children’s services department of your local council.

Become a special guardian

What is a special guardian

changing the child’s surname

putting the child up for adoption

taking the child abroad for more than 3 months

Who can apply

You can make an application with someone else. This is known as a joint claim.

You and anyone you’re applying with can apply if:

you’re already the child’s legal guardian

the child lives with you because of a child arrangements order

the child has lived with you for 3 of the past 5 years

you have the agreement of the local council, if the child is in care

‘Family mediation and assessment meeting’ (form FM1)

Apply

Before you apply

Applying to the court

Fill in these forms and send them to your local family court:

an ‘Application for an order’ (form C1)

a supporting statement (form C13A)

Find your local family court.

If you want to keep your details private

After you apply

a timetable for your case

how it will be dealt with

This meeting is called a ‘first directions hearing’.

Contact people in the child’s life

the court-appointed Cafcass children’s guardian

You must also tell the following people and organisations that you’ve applied:

everyone who cares for the child

anyone else named in a current court order

The final hearing

Financial help for special guardians