Housing Benefit problem

[Rheinallt]

My American wife is here on a spousal visa and has no recourse to public funds. We have two children. I am in receipt of Housing Benefit and Council Tax Reduction. I have informed the Housing Benefit office that my wife is now living with me. They told me that legally, they must add my wife to my claim. I told them that she has no recourse to public funds, and that they need to pay the single parent applicable amount for the adult component. They have replied to me with the following email telling me that doing so is not possible:

Dear Mr XXXXX
I am in receipt of your email below and note its contents.
As your wife is included on your claim for Housing Benefit and Council Tax Reduction the applicable for a couple is automatically used in the calculation of your claim. Your wife will need to remain on your claim as she is resident in the property, therefore we are unable to amend your claim to be based on the applicable amount for a single parent under these circumstances.
If you wish to withdraw your claim for Housing Benefit and Council Tax Reduction please contact our office on XXXXXXXXXXX in order to do this.
Thank you.
Regards,
XXXX

I read on another thread on this forum of someone who was able to have their claim adjusted to pay the single parent amount. I don't understand why in my case that seems not to be possible. What are my options now? This is quite worrying. I can't afford to withdraw my claim.

Thanks for any advice you can give me.

[Hola2015]

My American wife is here on a spousal visa and has no recourse to public funds. We have two children. I am in receipt of Housing Benefit and Council Tax Reduction. I have informed the Housing Benefit office that my wife is now living with me. They told me that legally, they must add my wife to my claim. I told them that she has no recourse to public funds, and that they need to pay the single parent applicable amount for the adult component. They have replied to me with the following email telling me that doing so is not possible:

Dear Mr XXXXX
I am in receipt of your email below and note its contents.
As your wife is included on your claim for Housing Benefit and Council Tax Reduction the applicable for a couple is automatically used in the calculation of your claim. Your wife will need to remain on your claim as she is resident in the property, therefore we are unable to amend your claim to be based on the applicable amount for a single parent under these circumstances.
If you wish to withdraw your claim for Housing Benefit and Council Tax Reduction please contact our office on XXXXXXXXXXX in order to do this.
Thank you.
Regards,
XXXX

I read on another thread on this forum of someone who was able to have their claim adjusted to pay the single parent amount. I don't understand why in my case that seems not to be possible. What are my options now? This is quite worrying. I can't afford to withdraw my claim.

Thanks for any advice you can give me.

You are not been given the rebate probably because you have recouse to public funds i.e. you are able to claim benefit.

[Rheinallt]

You are not been given the rebate probably because you have recouse to public funds i.e. you are able to claim benefit.

Yes, I have recourse to public funds but my wife does not. I therefore need the Housing Benefit office to adjust my claim to the single parent amount rather than the couple amount, but according to their email to me, they say they can't do this. My wife's immigration status in the UK could be affected by them paying us the couple amount. I don't know what I should do because I can't afford to withdraw my claim, but I also don't want to jeopardize my wife's future immigration status in the UK.

[Rheinallt]

I have found out that it won't affect my wife's future visa status. I am living in Housing Association accommodation and am in receipt of Employment & Support Allowance. As such, I qualify for the full amount of the eligible rent/maximum Housing Benefit and the full amount of Council Tax reduction. My wife being included in the claim has no effect on the amount awarded.

[Petaltop]

I have found out that it won't affect my wife's future visa status. I am living in Housing Association accommodation and am in receipt of Employment & Support Allowance. As such, I qualify for the full amount of the eligible rent/maximum Housing Benefit and the full amount of Council Tax reduction. My wife being included in the claim has no effect on the amount awarded.

It will if she works or has savings/capital, as that can effect income based benefit claims.

Council Tax Allowance - I'm not sure. As a single adult you got 25% single person discount and then any reductions on that from your council (they all differ). However you now lose that 25% discount as your wife is there too. I'm never sure if that means you can have full counctil tax allowance then as it is public funds.

However, on the notes we were reading on here before about public funds, it said that if the benefits agencies make the error despite having been told all the facts, then that will not affect visas, but they can make arrangements to pay that overpayment back. Get proof of posting too. Then hang on to it all.

If it were me, I would keep everything in writing to use as your proof if needs be and make it very clear (in writing) that your wife is subject to immigration control.

[Petaltop]

Council tax allowance is a different benefit area to housing benefit with the council, so inform them both in writing. The same with any other benefits you claim, if you need to. The addresses can be found on each different benefit award letter.

If you are of working age, then at some point you will be moved onto Universal Credit for some of your benefits. Universal Credit will replace the income based benefits: JSA, Child Tax Credits, ESA, Working Tax Credits, Income Support, Housing Benefit.

[ILR1980]

A joint tenancy cannot be granted to 2 or more people if any of them is a person subject to
immigration control who is ineligible for local authority housing. This applies both to local
authority housing and to housing which is provided by a housing association as the result of
a referral from a local authority. A sole tenancy may be granted to someone who is eligible
(for example a British person or person settled in the UK) but whose spouse/partner is not
eligible. The ineligible spouse or partner is not counted as accessing public funds as a result
of this.

Housing associations are different to housing authorities. They are independent, not-forprofit,
organisations that provide low-cost housing.People who are subject to immigration control can apply to a housing association and enter into a contract with them.

If they apply without being referred from a local authority or housing authority you must not
consider this as claiming public funds.If a person applies to a housing association following a referral by the local authority or housing authority you must consider this as recourse to public funds.

If it is unclear whether it is a housing association or local authority providing the housing,
you must contact the housing provider to establish the basis on which the applicant
qualified.

Details : https://www.gov.uk/government/uploads/s ... _v13.0.pdf