Background

The Civil Partnership Act came into force on 5 December 2005.  For housing Benefit and Council Tax Benefit this means that same-sex couples who have formed a civil partnership will be treated in the same way as opposite-sex couples who are married.  Same-sex couples who do not form a civil partnership will be treated as opposite-sex couples who are not married.  This means that some people who are claiming benefits as single people will have to change their claim so that they claim as part of a couple, which may mean they are entitled to less benefit.  Because of the way the benefit rules work, a couple usually get less benefit for both of them than two single people claiming separately.

New claims for Housing Benefit and Council Tax Benefit

If you are claiming Housing Benefit or Council Tax Benefit for the first time, you must tell us that you are partners when you fill in the benefit claim form.  The notes with the claim forms will tell you what the definition of a partner is. If you don’t tell us that you are civil partners or a same-sex couple, we may pay you too much benefit and we may recover it from you.

If you are already receiving Housing Benefit or Council Tax Benefit

If both you and your partner are receiving Incomes Support (IS), income-based Jobseeker’s Allowance (JSAib) or the guaranteed part of Pension Credit (GC), you need to tell the Pension Service or Jobcentre Plus that you are partners.  They will decide whether to treat you as a couple for benefit purposes.  They will notify us if they treat you as a couple.  This will not normally affect the amount of Housing Benefit and Council Tax Benefit you are entitled to (but see other issues).  We will award benefit in one name only.

If one of you is receiving Income Support (IS), income-based Jobseeker’s Allowance (JSAib) or the guaranteed part of Pension credit (GC) but your partner isn’t, the Pension Service or Job Centre Plus will make the decision on whether you are to be treated as a couple for benefit purposes.  They will then notify us that you are treated as a couple.  If you are still entitled to IS, JSAib or GC this will not normally affect the amount of Housing Benefit and Council Tax Benefit you are entitled to (but see other issues).  We will award benefit in one name only.

If the Pension Service or Jobcentre Plus says that you are no longer entitled to IS, JSAib or GC and you are on a low income, you may still qualify for Housing Benefit or Council Tax Benefit.  Contact us for a form to claim benefit.  Your benefit entitlement will be worked out using the combined income of both partners.

Anyone else receiving Housing Benefit or Council Tax Benefit

You need to contact us straightaway to tell us that you are in a civil partnership or have a partner you live with as if you are civil partners.

Other issues that may affect your claim for Housing Benefit or Council Tax Benefit

Private tenants – the size of the property you live in may mean your benefit goes down

If you are renting from a private landlord we have to consider whether the property you are living in is too large for your needs.  Before the act came into force, same-sex couples renting from a private landlord were treated as two single people and therefore counted for a bedroom each under the Housing Benefit rules. After 5 December 2005, same-sex couples, as with opposite-sex couples,  count for only one bedroom.  This means that some same-sex couples will be living in larger properties than the size rules will allow.  Their Housing Benefit could now be less.  This is because of changes to the way their benefit is worked out when they are treated as a couple because the size rules mean we may have to restrict the amount of rent that counts for payment.

If such decisions cause financial hardship, we may consider awarding a Discretionary Housing Payment for a short period to help you cope.  Please ask a Customer Services Advisor for a form or download one from this page.

Whether you have joint tenancies or separate tenancies, your benefit may go down

You may be a joint tenant with your partner or have separate tenancy agreements.  Before the Act came into force you could have separate Housing Benefit claims.  However, after 5 December 2005, if we decide that you are a couple for Housing Benefit and Council Tax Benefit purposes you can only have one claim for benefit for both of you.  We will work out benefit using the rent for the whole of the property, or for you and your partner’s share if there are other tenants living with you.

Your Housing Benefit and Council Tax Benefit could reduce because of the way your benefit is worked out when you are treated as partners, as it does now for opposite-sex couples in the same position.

Telling your landlord of any changes

Where landlords receive direct payments for same-sex joint tenants and we decided to treat you as a couple, the landlord may ask why the amount of benefit has changed.  Guidance is that we would only notify the landlord of the new amount of Housing Benefit and who it is paid to.  Any other queries, for example why the benefit has reduced or why they now only receive one payment are between the landlord and the tenants.