Dear Mr Brown

Thank you for your email.

We are obliged under the Freedom of Information (Scotland) Act 2002 to provide any recorded information we hold (subject to exemptions) as quickly as possible and in all cases within 20 working days.

We will respond as soon as possible.

For more information on the Act and to use the response calculator, please visit http://www.itspublicknowledge.info

Kind regards

FOI Team| Chief Executive’s Office | [email address] | 01292 612223 | County Buildings, Wellington Square, Ayr KA7 1DR | www.south-ayrshire.gov.uk

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Dear Mr Brown

Thank you for your information enquiry of the above reference number.  Due
to the nature of your request, it has been dealt with under the Freedom of
Information (Scotland) Act 2002.

I can confirm as follows:

1. How many people have their housing benefit paid directly to their
landlord? In last year?

Where the landlord is the Council, Housing Benefit is credited directly to
the rent account and as at 4/12/2019, 4679 Council tenants had Housing
Benefit paid to their rent account.

In the private rented sector, 1180 Housing Benefit claimants had their
Housing Benefit paid directly to their landlord as at 4/12/2019.

2. What is the Council criteria for having the housing benefit element
paid directly to a landlord? Eg private tenant

Council tenancies

Where the landlord is the Council, the payment of Housing Benefit is
normally made to the rent account reducing the claimant’s rental
liability.

Private Sector tenancies

Where the landlord is a private sector landlord, Housing Benefit is
normally paid direct to the landlord where the claimant has accrued rent
arrears that are the equivalent of 8 weeks or more of the rental
liability.

The Council may also consider making the first payment of Housing Benefit
to the landlord direct, where the tenant has not paid their rent in the
weeks since making the claim. 

The Council may also make the last payment of Housing Benefit to the
landlord direct, where the tenant has not paid their rent and has since
moved out, but only up to the amount of the rent still owed.

Where the claimant is a private sector tenant receiving Housing Benefit
(but not Local Housing Allowance), Housing Benefit can be paid direct to a
landlord where it has been requested by or consented to by the claimant.  

Where the claimant is a private sector tenant receiving Local Housing
Allowance, Housing Benefit can be paid direct to a landlord where the
Council believes the tenant requires safeguard action i.e. where the
tenant is likely to have a difficulty managing their affairs or it is
likely that the tenant will not pay their rent. 

If you are dissatisfied with the handling of your request you can ask for
a review.  A request for a review must be submitted within 40 working days
and should be put in writing to Deborah McVey, Information Governance Team
Leader, South Ayrshire Council, County Buildings, Wellington Square, Ayr
KA7 1DR, Tel: 01292 612223, Email: [South Ayrshire Council request email].  If you
remain dissatisfied after a review, you have the right to apply to the
Scottish Information Commissioner for a decision.  This must be submitted
within 6 months after the review and should be put in writing to the
Scottish Information Commissioner at Kinburn Castle, Doubledykes Road, St.
Andrews, Fife KY16 9DS, Tel: 01334 464610 Email:
[email address] or use the online portal
http://www.itspublicknowledge.info/YourR....
Further information on your right to ask for a review and to apply to the
Scottish Information Commissioner is given in the enclosed Information
Sheet.

Yours sincerely

Susan Mitchell | Support Officer (Complaints & Information) | 
[South Ayrshire Council request email] | | 01292 612223  | County Buildings |
Wellington Square | AYR | KA7 1DR | www.south-ayrshire.gov.uk |

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