I have a lady who is a british citizen and I have just managed to assist her in successfully claim IB JSA. She has returned to the UK with her USA Spouse who has no status to stay in the UK at present, he has "no recourse to public funds".

She is currently living with her mum and NDD is being applied because she is aged over 25. She wishes to seek her own privately rented property. Her husband is staying with her dad & grandma at present, but she is hoping that they will move in together as soon as possible.

Does anybody know whether her HB & CTB entitlement will be affected if she obtains her own property and he moves in with her? She is claiming IB JSA 64.30 pwk at present.

Assuming the LHA kicks in, if privately rented, surely it should still be treated as 1 bedroom rate regardless?

Any ideas?

Are you saying her spouse does not even have a spouse visa (the usual 2 year one"? That needs sorting PDQ if so, as I cannot see the Borders Agency being happy if he is here only on a visitors' visa. If he is here on a spouse visa he can of course work, which is useful (Or I think he can).

Whatever, there must be any ADDITIONAL recourse to public funds as the result of his presence in her household. I have always understood that for HB that is the test - how much HB would she be entitled to anyway?

I am not entirely sure of the status but from what my client states, does not appear to be the spouse visa as she has mentioned that he needs to return to USA at some point to sort out the "paperwork".

I cannot see any additional recourse to funds if she is eligible for LHA at £91.15 - 1 bedroom rate, regardless of whether she has a partner. The only part that I am aware that may cause a problem is in relation to Council Tax - if she was living on her own, then 25% SAD would apply but if someone else is in the property, it wouldnt. Would the increase in liability be a recourse to public funds? Very last ditched attempt.

1. Have you seen this thread under Pension Credit?
"Immigration and Pension Credit". Not quite the same but might be useful information.

2. If couple rate of allowance is used for HB instead of single (as HB Reg. quoted in above thread says) then there could be extra recourse to public funds, assuming the wife on her own (with single allowance) would not be entitled to full LHA HB. But the implication of the Reg. seems to be that this is acceptable (or have I misread it?)

3. I don't see how they could get the 25% CT discount so any CTB would be calculated on the full rate & - as with HB - could result in extra recourse.

4. I'm not an expert on this area - hopefully someone with more knowledge can clarify it.

5. In my view it's vital that he goes back to USA & applies for a spouse visa without delay. I think all the above is academic until he has one.