Please can someone help in an area I know little about. Gentleman over 65 returns from China with a wife aged 53. She has a '2 year visa'. He claims Pension credit, but is only awarded single rate and is told his wife does not have recourse to public funds. No decision yet on HB and CTB, but they indicate by phone that they will pay his half of the chrage - leaving her half unpaid.

Is this right? Is there anything they can do other than to wait for her status to change?

I presume your clt is British or at least has a right to reside in the UK. The decision on SPC appears to be correct as wife is a person from abroad with no right to reside, until she gets settled status.

Who is the tenant? What sort of tenancy is it? The basic rule is that there should be no ADDITIONAL burden on public funds than there would have been if he was single, so if it's a private tenancy, how much LHA would he have got on his own account? One bedroom rate, I'd guess, and the same for a couple.....but I bet he won't qualify for the single occupier discount for CT.

If he claims HB or CTB they will be assessed as a couple. There is no provision for a single claim as per HB guidance manual;

‘4.218 If both the claimant and partner are PFA or PSIC neither will be entitled to benefits. When only one partner is excluded, the other partner can claim HB/CTB for both of them in the normal way. In these cases, allow the couple’s personal allowance in full. Aggregate income and resources. When the claimant is not a PFA or PSIC but the partner is an asylum seeker supported by NASS; treat as a couple, do not apply the non-dependent addition, and take the NASS support into account as income. There is no provision to treat the partner who qualifies for benefit as a single person.

4.219 When considering which member of a couple should claim you should note that non UK spouses of UK nationals are admitted to the UK for a period of two years limited leave, on the understanding that they will not have recourse to public funds, unless they are otherwise eligible for benefit. When the amount of HB is increased as a result of a non UK spouse’s presence, these will be recourse to public funds. However, LAs are not required to inform the Home Office about this. During this period, the spouse will not satisfy the Immigration Status Test and will not usually be entitled to benefit in their own right. After two years, non-UK spouses can be granted settled status provided that the Home Office is satisfied that the relationship is continuing and they are self supporting. A person is to be treated as satisfying the Immigration Status Test when settled status has been granted.’

I have come across this situation once that I can remember and the person who claimed benefit had no problems and did receive full rebate whilst on guarantee credit. There was no problems because of the ‘recourse to public funds’ but this does not mean that it will not be relevant in your case and is an important issue you would need to discuss with your client. It would be interesting to know if others have come across anyone adversley affected because they claimed benefit as a couple.

It may not be relevant in this case but if it he is getting any state pension, the dependants addition with state pension is not a public fund and he may be entitled to claim this, but this would be taken as income for means tested benefits.

Thanks for the help. No decision on HB/CTB yet - I am worried that if the decision is wrong/unfavourable then pursuing it migt precipitate action on 'recourse to public funds' and do more harm than good.