Claiming as a couple with an overstayer

Hi there

We have a case with an EU national, married to a third country national who appears to currently be an overstayer but has submitted a claim to EU settlement scheme. He has no right to work and a decision has not yet been made on his Settlement application.

Should he be on her benefit claim? I understand if someone has any kind of leave in the UK then they should be included but what if they’re an overstayer or have no leave at all currently? They are in Temporary Accommodation so it’s also whether he should be on the HB claim.

Help gratefully appreciated.

Assuming they live together as co-habitting in the same address, then the claimant would have to claim as a couple, only be paid the single rates, but still have to declare their partner’s income, such as if the overstayer gets a pension or has property abroad. This could reduce their award further or make them ineligible if they have joint assets over £16k.

There’s no facility for HB to be paid/entitlement calculated at a single person rate where the claimant is part of a couple (other than a very narrow exception in pension age HB for mixed age couples with mixed immigration status that precludes a UC claim).