Can a bank take housing benefit to pay my overdraft?
No. Banks are not allowed to use Housing Benefit or any other benefit to repay an overdraft.
How to protect your Housing Benefit payments
You can protect your Housing Benefit by telling your bank that the money must only be used for specific payments, such as your rent.
This protection is called a first right of appropriation of funds.
What a first right of appropriation means
A first right of appropriation allows you to tell your bank how money paid into your account must be used.
You can use this right for any money paid into your account, not just Housing Benefit.
For example, you may want to:
- use Housing Benefit to pay your rent
- use Pension Credit to pay electricity bills or water rates
You must tell your bank exactly how you want these payments to be used.
How to request a first right of appropriation
You must write to your bank or building society at least 7 days before your Housing Benefit payment is due.
Your letter should clearly state that:
- regular payments or future deposits from Bradford Council
- must only be used to pay specific items, such as your rent
Example wording
You may want to include wording like this in your letter:
On or around August 20th, and every 2 weeks after, my Housing Benefit will be paid into my current account number 0101010101.
I am exercising my first right of appropriation over these funds and wish you to pay the following items from it:
£75 standing order payable to my landlord, Mr Smith on the 25th of the month.
Keep records of your request
- Keep a copy of the letter you send to your bank
- You may also want to ask your bank or building society to confirm your instructions in writing
This can be helpful if there is a dispute later.
Cancelling other payments
A first right of appropriation does not automatically stop your bank from making other payments from your account.
If there are payments you no longer want to make, or cannot afford, you must give your bank separate cancellation instructions.
If you do not cancel these payments:
- the bank may try to pay them
- if they cannot be paid, they may be returned unpaid
- your bank may charge you a fee
Important
Payments used to repay a loan with the same bank cannot be cancelled.