Client has ILR and will claim HB based on low earnings. She lives in private accomodation with her non dep son aged 22 who is in UK as an overseas student on a student visa. He is supported by funds from his father in Ghana. She has a 2 bed place at a rent below the current LHA for a 2 bed.

As far as I can see, fact that son is subject to immigration control will not prevent the LA from using the 2 bed size criteria - is this correct?

If so, could this then become an issue for the son if he wants to apply for extensions to his visa in the future i.e mother's partial HB will be greater than would other wise have been due to his presence?

Many thanks!

Yes son should be included as an occupier and a non dependant. I don't think it affects his status at all now or in the future. The HB scheme excludes lots of people from entitlement for all sorts of reasons. Students (most), Those with capital >£16,000, Persons from abroad, etc but none of those are excluded as occupiers for LHA purposes and their inclusion could never be used to impute that they had access to public funds contrary to the intention.