Provisional Safeguards Policy

Please note that this policy is provisional and therefore subject to change.

Under the new Local Housing Allowance rules, benefit will usually be paid to the tenant. Tenants cannot simply choose to have their benefit paid to their landlord. But in some circumstances the council can decide to pay benefit to the landlord. The following sets out the council's policy for dealing with such cases. The council's policy is based on guidance from the Department for Work and Pensions.

When will Southwark Council’s benefit service make payments to the landlord?

The council must pay the benefit to the landlord where

• The tenant is eight weeks or more in arrears with their rent
• Deductions for rent arrears are being taken from the claimant's Pension Credit, Income Support or Jobseeker's Allowance

Payment may be made direct to the landlord where we decide that the tenant is

• Likely to have difficulty in managing their financial affairs
• Unlikely to pay their rent

We can also decide to pay benefit to the landlord if, during the current claim to benefit, we have had to pay the landlord because the tenant was eight weeks or more in arrears with their rent. So, for example, if we have had to pay housing henefit direct to the landlord because the tenant was more than eight weeks in arrears during the life of their benefit claim, we may continue to make payments to the landlord even if the tenant clears all or part of those rent arrears so that the arrears are equivalent to less than eight weeks rent.

Who can ask for the payments to be made to the landlord?

• Tenants
• Landlords
• Tenants' families
• Persons acting on the tenants’ behalf

They may tell the council that they are having difficulty paying their rent, or are likely to have difficulty paying their rent or may be unlikely to pay their rent.

The council may also identify tenants who are likely to have difficulty managing their money, for example, when carrying out home visits. And landlords can contact the council, especially if the tenant is getting into arrears with their rent.

The council will look particularly favourably upon requests from landlords who are accredited under the London Landlords Accreditation Scheme though it should be stressed that each case will be considered on its own merits. Equally, it is unlikely that the council would ever make direct payments to a landlord considered not to be a 'fit and proper person' though the council will do so in exceptional circumstances where it considers this to be in the over-riding interest of the tenant and his or her family.

Who may have difficulty paying their rent?

There are many reasons why someone may have difficulty paying their rent. They might be someone who

• Has severe debt problems
• Has a recent County Court judgement against them
• Is an un-discharged bankrupt
• Is unable to open a bank or building society account
• Has some of their Income Support or Jobseeker's Allowance paid direct to the gas, electricity or water company by the Department for Work and Pensions
• Is getting Supporting People help
• Is getting help from a homeless charity

Or someone may have difficulty paying their rent if they

• Have learning difficulties
• Have recently suffered a bereavement
• Have an illness that stops them managing on a day-to-day basis
• Cannot read English
• Cannot speak English
• Are addicted to drugs, alcohol or gambling
• Are fleeing domestic violence
• Are a care leaver
• Are leaving prison
• Are homeless now, or were homeless, or at risk of homelessness, recently

The above is not an exhaustive list and there may be other reasons why someone might have difficulties in paying their rent that the council will take into account when making its decision.

Who may be unlikely to pay their rent?

Most claimants will be capable of paying their own affairs and the council will assume that they will make payments of rent to their landlord unless their is evidence to the contrary.

For example

• Where there is evidence that the claimant has not been paying their rent due to an ongoing dispute with their landlord

• The council may also take into account information it already holds, and which is relevant to the question of likelihood to pay, without the need for formal representations from the claimant. For example the council’s housing department (housing and sustainability or community housing services) or social services (health and social care) departments may, where the law allows this, hold and pass on information which suggests that a claimant would be unlikely to pay their rent

• There are no fixed conditions which must be satisfied before deciding that a claimant is unlikely to pay their rent. However the overriding consideration should be to act in a way that is in the best interest of the claimant

Who decides if we may pay the landlord?

The council decides if we may pay the landlord.

There may be times when housing benefit staff know someone has difficulty in managing their money or is unlikely to pay their rent and may take action based on this knowledge. We recommend that, if someone thinks a tenant may have difficulty managing their money or is unlikely to pay their rent, they encourage the tenant to contact the council.

The council must have evidence to show that the tenant may have difficulty managing their money, or that they are unlikely to pay their rent, and that it is in their interest that we pay the landlord directly. Evidence should usually be in writing. People who can provide evidence include

• The tenant
• Friends and family of the tenant
• The landlord
• Welfare groups (including money advisers)
• Social Services
• Probation officers
• Jobcentre Plus
• The Pension Service
• Homeless charities or organisations
• The Council’s Supporting People team
• Local or council rent deposit scheme administrators, homelessness or housing advice officers
• Mental health professionals
• LBS Sustain team

We will work with the tenant and, where appropriate, the person or agency acting on their behalf in making our decision.

Making a decision

Once the council has collected all the necessary evidence we will decide as quickly as possible if direct payments to the landlord are appropriate. We will still pay benefit while we are making our decision. In such cases, benefit will usually be paid to the landlord for a period of up to eight weeks, which should be sufficient time to allow a decision to be made.

We will payments to the landlord, we will usually review that decision within 12 months. Following the review, the council may conclude that the situation has changed so that it is no longer in the interest of the tenant that their benefit is paid is direct to his or her landlord. In that event the council would begin making benefit payments to the tenant. If the council decides that it is in the interests of the tenant that payments to the landlord should continue, the case would be reviewed again no more than twelve months later and would continue to be reviewed at intervals for the duration of the claim.

Reviews and appeals

If the tenant or landlord disagrees with our decision, they can ask us to look at the decision again. This is called a review. Or they can appeal against the decision, giving reasons why they think the decision is wrong. An affected person can either request a review, or appeal against our decision, by writing to Southwark Council's benefit service at the following address.

Reviews & Appeals,
LHA Direct Payments
Liberata UK Ltd (LB Southwark)
PO Box 782
BROMLEY BR1 3YE

If a tenant or landlord disagrees with our decision they can may uphold the original decision or reach a different decision. In either event, they will have made and setting out their right of appeal to the Appeal Service. The Appeals Service is sometimes called TAS and is independent of the council.

Alternatively, if a tenant or landlord disagree with our decision they may simply appeal by writing to the council indicating that they wish their case to be considered as an appeal and setting out in writing their reasons for disagreeing with our decision. In that event, the council will usually look at their case again, but if the council does not change its decision at that stage it will refer the case straight to the independent Appeals Service (TAS). The council must abide by the Appeals Services' (TAS) decision.

In some circumstances the appeal service's decision may be challenged by either the person who made the appeal, or the Council. However such a challenge may proceed only on a point of law. In that event, the case will be heard by the Social Security Commissioners.

Contact us

By telephone

020 7525 1880 - housing and council tax benefit
020 7525 1850 - council tax

By post

Council Tax Section
London Borough Of Southwark
P.O. Box 782
Bromley
BR1 3YE

Please indicate which department your query is for.

In person

Bermondsey One Stop Shop
Spa Road
Bermondsey
SE16 3QN

Peckham One Stop Shop
Ground Floor
Peckham Library
122 Peckham Hill Street
SE15 5JR

Walworth One Stop Shop
151 Walworth Road
London
SE17 1RY

Dulwich Area Housing Office
41-43 East Dulwich Road
Dulwich
SE22 9BY

All one stop shops are open from Monday to Friday, 9am to 5pm. In addition, Peckham one stop shop is open on Saturday, 9am to 1pm.

By email

Housing/council tax benefit: souhousingbenefitsuk@liberata.com
Council tax: Soucounciltaxuk@Liberata.com