Check if you can get Housing Benefit

You might get an extra amount in your Universal Credit - it depends if you’ve had a ‘migration notice’. A migration notice is a letter telling you to claim Universal Credit by a certain deadline.

Check what you should do if you’ve had a migration notice.

If you haven’t had a migration notice

You might get an extra amount in your Universal Credit when you apply - this is called the ‘SDP transitional element’.

You’ll get the SDP transitional element if you apply for Universal Credit within a month after you stop getting the benefit with the SDP.

You can’t get the SDP transitional element if either:

• the only benefit you got the premium with was Housing Benefit

• you move in with a partner who is claiming Universal Credit

If you also got a disability premium with your benefit

You can get an extra amount on top of your transitional element if you got the SDP and one of the following with your benefit:

• a disability premium

• an enhanced disability premium

• a child disability premium or disabled child element

If you applied for Universal Credit before 14 February 2024, you wouldn't have got this extra amount. You’ll get a back payment, but the DWP haven’t decided when this will happen yet. We'll update our advice when the DWP announces how they'll send the payments.

If you applied for Universal Credit before 27 January 2021

You couldn’t claim Universal Credit if you were getting, or recently stopped getting, a benefit with an SDP.

If you applied for Universal Credit before 27 January 2021, talk to an adviser to check what you’re entitled to.

If you’re already getting Housing Benefit, you’ll keep getting it unless your circumstances change.

The older partner can still make a new claim for Housing Benefit if both of the following apply:

• they reached State Pension age before 15 May 2019

• they’ve been claiming Pension Credit since before 15 May 2019

You’ll need to give evidence to show that the UK, Ireland, the Channel Islands or the Isle of Man is your main home. This is known as being ‘habitually resident’. You have to do this even if you’re a British citizen.

Check how to prove you’re habitually resident.

You can only get Housing Benefit if your immigration status lets you claim public funds. In some situations you also need a ‘right to reside’.

You can claim public funds if you have any of the following:

• British or Irish citizenship

• settled status from the EU Settlement Scheme

• indefinite leave - unless you came to the UK on an adult dependent relative visa

• refugee status or humanitarian protection

• right of abode

If you have pre-settled status from the EU Settlement Scheme, you can claim public funds - but you also need to show you have a right to reside to get Housing Benefit. Check if you have a right to reside.

If you’ve applied to the EU Settlement Scheme and you’re waiting for a decision,  you can claim public funds - but you also need to show you have a right to reside to get  Housing Benefit. Check if you have a right to reside.

If you have any other immigration status, check if your immigration status lets you claim public funds.

You can’t get Housing Benefit if you or your partner pays rent to:

• a parent of a child who lives with you

• an ex-partner, for the home you used to live in together

• a close family member who lives with you

You might be able to get Housing Benefit if you pay rent to:

• a close family member who doesn't live with you

• a friend or more distant family member like a grandparent – even if you live in the same home

• someone who used to let you live in the property rent free

To get Housing Benefit, you’ll need to show the council evidence it’s a ‘commercial’ rental agreement – like one between a housing association and a tenant. For example, they might ask to see your contract or proof that you’re paying rent. They might also ask for other evidence, like a deposit you paid when you moved in or a gas safety certificate from your landlord.

Your local council might decide you’re not eligible if they think you’re only paying rent to get Housing Benefit – this is called ‘taking advantage of Housing Benefit’. It might be taking advantage if for example you’ve been living with a friend and have only just started paying them rent.

If you’re studying part-time, you can usually get Housing Benefit. If you live in university-owned housing or halls of residence, the rules are complicated – you can get help from your nearest Citizens Advice.

If you’re studying full time, you can only get Housing Benefit in certain situations.

If you’re not in higher education (like a degree course or teacher training)

You can claim Housing Benefit if you’re under 22 and your course started before you turned 21.

If you get benefits

You can get Housing Benefit if you get:

• Income Support

• income-related Employment and Support Allowance (ESA)

• income-based Jobseeker’s Allowance (JSA)

• Universal Credit, unless your Universal Credit includes an amount for housing costs

• a disability benefit like Personal Independence Payment or Attendance Allowance

If you've got children

You can get Housing Benefit if:

• you’re a single parent

• you’re a single foster carer and have a child placed with you

• you and your partner are both full-time students and you have children

If you’re disabled

You can get Housing Benefit if:

• the council decides you have ‘limited capability for work’ and have had it for 28 weeks – if you had an assessment for ESA or Universal Credit they’ll use the same results

• you’re deaf and get a Disabled Students’ Allowance

• you’re registered as severely sight impaired or blind

If you or your partner has reached State Pension age

You can get Housing Benefit – check your State Pension age on GOV.UK.

If you took time off your course because you were ill or caring for someone

You can usually get Housing Benefit once you’re no longer ill or caring for someone, as long as you’re waiting to go back to your course. You can’t get Housing Benefit if you’re living in university-owned accommodation or halls of residence.

If you're living with a partner who isn't a student

If your partner claims Housing Benefit, they can include you in their claim.

You can get Housing Benefit for the rent you pay as part of a shared ownership scheme. You’ll need to ask for a written rental agreement with the organisation running the scheme, if you don’t already have one.

If you have a mortgage for the rest of the property, you might be able to get a government loan to help to pay the mortgage interest. The government loan is called ‘support for mortgage interest’ (SMI).

To get SMI, you’ll also need to be getting one of these benefits:

• Universal Credit

• Income Support

• income-based Jobseeker’s Allowance (JSA)

• income-related Employment Support Allowance (ESA)

• Pension Credit

If you already get one of these benefits, find out if you can get SMI.

If you don’t get one of these benefits, use the Turn2us benefits checker to find out what benefits you could get.

You can get Housing Benefit if you sold your home over 5 years ago.

If you sold your home in the last 5 years, you can still get Housing Benefit if you had to sell it so you could stay living there – for example if the mortgage lender wanted to repossess your home.

You can’t usually get Housing Benefit, but you might be able to get help with your rent from these benefits:

• Income Support

• income-based Jobseeker’s Allowance (JSA)

• income-related Employment Support Allowance (ESA)

• Pension Credit

Use the Turn2us benefits checker to find out what benefits you could get.

You can’t get Housing Benefit if:

• it’s to pay rent to a care home

• you or your partner rents your home from your employer as part of your job – for example, if you work for a hotel and live on site

• you’re part of a religious order that pays your living costs

You might be able to get Housing Benefit if you pay rent to a company you, your partner or a close relative who lives with you works for – including as a director.

To get Housing Benefit, you’ll need to show the council evidence it’s a ‘commercial’ rental agreement – like one between a housing association and a tenant. For example, they might ask to see your contract or proof that you’re paying rent. They might also ask for other evidence, like a deposit you paid when you moved in or a gas safety certificate from your landlord.

Your local council might decide you’re not eligible if they think you’re only paying rent to get Housing Benefit – this is called ‘taking advantage of Housing Benefit’. It might be taking advantage if for example, if you’ve been living in your home for some time and your company’s only just started charging you rent.

If your landlord’s a trust, the rules are complicated – you can get help from your nearest Citizens Advice.