You can not always claim housing benefit for rent you pay to someone in your family, or to an ex-partner.

If you are renting a home from a ‘close relative’ of you or your partner and they live in the same house, you won’t be able to get housing benefit.

A ‘close relative’ includes:

• husband or wife
• civil partner
• partner
• parent, step-parent or parent-in-law
• child or step-child
• son-in-law or daughter-in-law
• brother or sister
• half-brother or half-sister
• brother-in-law or sister-in-law, or
• partner of any of the above.

For example, if you are living with your parents and paying them some money towards household costs you will not be able to claim housing benefit.

If you live with a close family member who themselves claim housing benefit or universal credit to help pay the rent, the amount they get could be reduced if you are an adult. Find out more about:

• non-dependant deductions for housing benefit
• housing costs contributions under universal credit.

If you live in a property owned by a ‘close relative’ and pay them rent, but they live in a separate home, you may be entitled to housing benefit.

You can only get housing benefit in this situation if your tenancy is a commercial one rather than an informal family arrangement. To decide this, the council might want to consider:

• whether you have proof of your tenancy, such as a contract, tenancy agreement or evidence of rent payments
• whether you paid a tenancy deposit and whether it is protected in an approved scheme
• whether your relative provided you with a gas safety certificate before you moved in
• whether your relative would evict you if you can’t pay the rent.

Be prepared to answer these questions and provide paperwork if asked. Use our checklist to help you work out what documents to provide.

You can’t get housing benefit if you pay rent to an ex-partner for a home you used to live in as a couple, or if you have a child with your ex and your child lives with you.

It does not matter if the ex-partner is not your most recent ex.

You can get housing benefit if you pay rent to an ex-partner for somewhere you never lived together as a couple, as long as you do not have a child with your ex who continues to live with you.

If there are any problems with your application, you have the right to challenge the decision. You can read more about this here or speak to an adviser at Shelter Cymru. Don’t delay in doing this – there are time limits for challenging a decision.