Benefits husband and leave to remain

[corasson]

Hi Guru

I just want to understand my circumstances. I have limited leave to remain with recourse to public funds. I am claiming tax credits child benefit and housing benefit
I got married and my hubby has just move in with me. I called the tax credits that I would like to put a new claim as a couple so thet are sending me a new form.
When reading here it was said that my hubby income shouldn't be taken into consideration when processing my housing benefit. I have told them that my husband was not intitle to benefits. They asked for his ni date of birth total earnings and asked to bring two of his most recent payslips.
They didn't ask copy of his brp my hubby is now worried that they will put him on those claims and that will affect his leaves.
What should I do???
Thank you

[CR001]

You can only claim HB as a single person rate.

Your husband's income WILL be taken into account as HB entitlement is calculated on TOTAL household income.

[Petaltop]

And your husband's name must go on your Tax Credit claim as you cannot claim to be single when you are in a couple, as that is benefit fraud.

You will get less housing benefit as his income is counted in your claim. As CR001 said, you can't take extra housing benefit for him as he cannot take public funds. e.g. You can't take the couple rate of HB.

[corasson]

Well I have received my tax credits award letter and my husband name and mine are on it. Now I'm still waiting for the housing benefit to come with their decision. before my mariage I was getting the full housing benefit meaning that my rent was paid in full as I was on SMP which I'm still on hopefully not for long as I'm waiting for my dbs so I can start my new job.
So from what u are saying my husband income which is 2000 a month wouldn't be taken into account and I will still get the my rent paid based on my salary £500 alone. If yes it's hard to believe? Also although I have told them that my hubby has NRPF they still asked me to bring his 2 last payslips so I will take the payslips this afternoon.

Thanks in advance

[CR001]

So from what u are saying my husband income which is 2000 a month wouldn't be taken into account and I will still get the my rent paid based on my salary £500 alone. If yes it's hard to believe? Also although I have told them that my hubby has NRPF they still asked me to bring his 2 last payslips so I will take the payslips this afternoon.

No. The Council WILL take your husband's income into consideration. They base YOUR entitlement on the income of the WHOLE household.

You must submit evidence of his income. Not doing so is benefit fraud if you are awarded more than you are entitled to. On an income of £30k per year between the two of you, I doubt you will qualify for very much HB.

[corasson]

Thank you for your reply.

I am just a bit confused I will take his payslips today. To be honest I don't understand any of this single person rate etc.
Also please my hubby renewal is due next j does he have to put the tax credits and housing benefit award letters with his documents?

Thank you

[CR001]

Tax credits MUST be claimed in JOINT names and you need to tick the relevant box on the form.

Probably need to include the letters.

[ILR1980]

Is there any person out there who has got this housing benefit at single rate? I dont think they give this option of getting housing benefits at single or double rate especially when they count income of your partner and also count your children even when they are under immigration control with no recourse to public funds. How they will allot someone housing benefit at single rate when they have kids under 16 live with them on setllement visa which mention no recourse to public funds? so this housing benefit is complicated unlike child benefit and child tax credit where guideline are clear

[corasson]

Well I'm yet to see their final decision. I will come back to tell you how they made their calculation. I have one British who was already included in their calculations and the last one is not but I believe will still be included. I have already told my hubby to be prepared to pay the full rent this month. I kind of misleading him when I first thought that bcz he has nrpf my benefit will stay the same. Now that I know that with his income we will possibly pay the full amount of rent. We are at least prepared.
So let's see what will happen

Thank you

[corasson]

We already have our tax credits award which is in our joint name. We will be adding that to his documents.
Thank you

[Casa]

Is there any person out there who has got this housing benefit at single rate? I dont think they give this option of getting housing benefits at single or double rate especially when they count income of your partner and also count your children even when they are under immigration control with no recourse to public funds. How they will allot someone housing benefit at single rate when they have kids under 16 live with them on setllement visa which mention no recourse to public funds? so this housing benefit is complicated unlike child benefit and child tax credit where guideline are clear

When one in the couple has no recourse to Public funds, HB is calculated at the single person + child/children (if applicable) rate, but joint earnings are considered in the calculation.

[ILR1980]

When one in the couple has no recourse to Public funds, HB is calculated at the single person + child/children (if applicable) rate, but joint earnings are considered in the calculation.

So what about under 16 year old children of settled/British person who are under immigration control with no recourse to public fund? You are looking at it fro immigration side which is correct but council and others benefit authroties dont give these options. They ask you to include all details and then either take housing benefit at whatever rate they are giving it to you or reject taking any..

For example read this topic in here and what council said to him that council regulation are independent of immigration

http://www.immigrationboards.com/claimi ... 24534.html

Now I realized that, council considered myself and my 2 immigrant dependents and issued full benefits. Though I mentioned in my application as they have 'No recourse to public funds' and called many times stating I'm doubtful that I'm getting excess benefits than I suppose to, and every time they call they says that their calculation was correct and granted necessary amount.

Finally, Today, I got a clarification when I requested for detailed investigation that they considered both of my dependents, though they have no recourse to public funds and council regulations are independent from immigration.

They issued a written letter stating below confirmation:

"I can confirm that, although your wife and child don’t have ILR, they are included in the claim, therefore you're receiving relevant additions. I can confirm that this is correct based on current DWP guidance/circulars."

[corasson]

Hi everyone
Coming back for an update of my housing benefit claimed with my hubby. Unlike the tax credit his name is not on the award letter his income has been added to mine to access my total weekly income. Couple rate and 2 kids(one is British one is not) taking into consideration. They clearly said that the benefit has been awarded based on a family of 4.
They have used the couple rate £114.80
So I don't know what is right or wrong I don't know if should call them to confirm whether they have taken into consideration the fact that my hubby has no nrpf.

Thank you

[ILR1980]

Its not worth risking the future status of your partner by taking couple rate of housing benefit. Most of these benefits services have no clue how it impact on your future applications if your partner subject to immigration control

[corasson]

Clearly I wouldn't want to risk his future visa application at all. I will ring the housing benefit office tomorrow and make it clear. The thing is that means they shouldn't put my kid who is not British citizen aswell but. Or is she included bcz the benefit is on my name?
I am confused.com to be honest
Tomorrow first thing I will be on the phone with them

Thank you

[CR001]

Clearly I wouldn't want to risk his future visa application at all. I will ring the housing benefit office tomorrow and make it clear. The thing is that means they shouldn't put my kid who is not British citizen aswell but. Or is she included bcz the benefit is on my name?
I am confused.com to be honest
Tomorrow first thing I will be on the phone with them

Thank you

Kids are fine, hubby is not.