Housing Benefit Claim in Child’s Name

I have a client who is here in the UK on a student visa, which means she has no recourse to public funds.  She has a 4 month old daughter who has acquired British Citizenship via the father.  I am aware that in exceptional circumstances a claim for HB can be made in the child’s name.  Please could anyone tell me if my client can make a cliam for HB in the child’s name and if so what the procedure is.  I have been advised by the local authority to contact Home Office requesting that client has access to public funds for teh benefit of the child.  Unfortunately this advice was not dispensed with conviction.

Thank you

Would this be a case where Zambrano might be relevant?

I agree that Zambrano is relevant.

I have been invloved in a couple of cases where a claim has been submitted by a child, but those children were teenagers.  Its far more difficult with a four month old child.

Nevertheless a claim is a claim is a claim and it must be determined, alhtough in the case of someone who is unable to act, that person would need an appointee.  The LA would need to formally appoint someone to act in the case of a four month old child, and that could be something that might have to go to JR as the LA’s decision is not appealable.

You have another problem even if you got as far as the claim from the child being decided.  The applicable amount in this case is that of a claimant under the age of 18, no family premium, and no account taken of the parent in aggregating the applicable amount.  On the other hand, the parent’s income is aggregated with that of the child’s. 

I would be inclined to get the client to submit a claim herself in the normal way and then rely on Zambano to support it.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/september/48-british-carers

See above link for UKBA current policy in relation to Zambrano cases. Should mean that parent can get documentation to confirm right of residence on which basis the parent may then be able to claim HB