FOI Request - Service Charges - Benefits

Request 101003910857

1. The policy or procedure for checking the legitimacy of service charges where a resident is claiming benefits to cover them.

2. The number of housing benefit or universal credit claimants whose service charges are paid directly to their landlord, including where this is a single payment incorporating rents plus service charges.

3. The proportion of the above whose landlords are housing associations, if recorded.

Response 05-02-2026

1. Procedure where a Housing Benefit claim includes service charges:

Service charges are assessed in accordance with:
• Housing Benefit Regulations 2006:
o Regulation 12 – Eligible rent
o Schedule 1 – Rent which is and is not eligible for Housing Benefit
 

• Housing Benefit (State Pension Credit) Regulations 2006:
o Regulation 12 – Eligible rent
o Schedule 1 – Rent which is and is not eligible for Housing Benefit
 

• The Benefit Directory – Eligible and ineligible service charges
 

Identify and Evidence
 

The regulations do not provide for a specific list of service charges that are eligible for HB, it is for the LA to decide in each case whether the service charges fall within HB 12(1)(e).
 

Officers:
• Obtain or confirm a full breakdown of rent and service charges
• Confirm that all service charges are mandatory under the tenancy or occupancy agreement
• Request clarification from the landlord where charges are unclear
 

Eligibility Assessment (Schedule 1)
 

Each service charge is assessed individually against Schedule 1 with guidance from The Benefit Directory.
 

Eligible Service Charges
 

Charges may be included where they relate to the provision of adequate accommodation.
 

Examples include:
• Cleaning of communal areas
• Communal lighting or heating
• Lift maintenance
• Door entry or security systems
• Grounds maintenance (communal areas only)
• Basic management charges directly related to eligible services
 

Ineligible Service Charges
Some charges are excluded from eligible rent:
Examples include:
• Charges for personal care, support or supervision
• Charges for meals or food provision
• Heating and lighting
• Charges relating to the claimant’s conduct or behaviour
• Charges for individual services not connected to the provision of adequate accommodation
• Charges for leisure, recreational or social facilities
(As defined by Schedule 1 and clarified by The Benefit Directory.)
Where a service charge includes both eligible and ineligible elements:
• Only the eligible element may be allowed
• Apportionment must be reasonable and supported by evidence
Officers consider whether eligible service charges are reasonable in amount, taking account of:
• The nature of the service provided
• Comparable charges for similar accommodation
• Any explanation provided by the landlord
Further evidence is requested where charges appear excessive.

2. 453

3. 396