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Overseas student claiming HB with British wife- no recourse to public funds
I have a client who has just married a foreign national who is in the UK on a student visa until 2013. He can earn up to £120 a week, but has no recourse to public funds. They have a private landlord tenancy starting on 1/1/12. She is over 35 and currently gets IB, HRM MRC- she will lose IS when they move in together (due to SDP ending). The LHA is £375 pcm, the rent £450 pcm. He has a NINO and has limited agency work.
Q1) Is the husband invisible for LHA/HB purposes?
Q2) Does whose name the tenancy is in affect any decision about eligiblity, eg would she only be entitled to 1/2 of rent?
Q3) Are his earnings taken into any assessment for her HB?
Q4) She’s getting IB- when she converts to ESA(CB), which from April will probably end, where does that leave them?
Q5) Am I missing anything else, benefits-wise?
(I’ve advised that they consult their solicitor re the effects of claiming HB/CTB on his visa.)
Sweet & Maxwell and Zebedee have not been much help on this one.
I am in awe. Thank you!
Q1: no, in HB/CTB it is a normal couple’s means test with the couple rate of applicable amount
It is not unheard-of for an LA to treat use a single person applicable amount while counting both incomes, as a way to avoid giving increased benefit by the presence of the person subject to immigration control. However, this is outside the rules.
Q4: she will be eligible for transitional protection if appropriate - normal migratyion case with TP based on couple’s applic amount before and after migration
It would only be an ESA couple amount once he gets recourse to funds, no?
I have a similar problem.
client granted indefinate leave to remain 2009. He is doing a PHD and has no income.
His wife has no recourse to public funds but was earning.
Council now decided not to award benefit due to ‘self sufficiency has not been proven and no benefit award will be made’
partner was working as a locum Doctor and earning £200.00 per week. She is not working at the moment as son was born Sep2011.
Council now decided not to award benefit due to ‘self sufficiency has not been proven and no benefit award will be made’
What??
Appeal, do not pass go, do not collect £200.00! Must be some sort of joke, I assume the person with ILR is the claimant, there is no self-sufficiency test as he is treated like any other UK citizen. The partner is included in the claim and an aggregate of income/capital worked out.
I would even attempt a complaint for good measure[May not lead anywhere but you never know].
Thanks chacha..
appeal faxed today stating exactly that…