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recourse to public funds , mixed couple. help please

Diogenes
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welfare benefits, citizens advice, sherwood & newark

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My clients are rec Penson Credit [G] . for just the husband , presumably due to public funds issue on wife’s visa..
husband is UK citizen, was South African, wife is South African citizen . wife’s visa says no public funds, work permitted.
They pay rent and are liable for council; tax. As they get PC and would get full HB I assume, [ its a low rent only £400 pcm ]  would it be a breach of no public funds restriction if they claimed HB. as full rent cost should be met in any event it would not be an extra cost to public funds. I have advised the husband he cal claim AA. Any other issues that I should be thinking about benefit wise ???

[ Edited: 23 Jun 2021 at 02:55 pm by Diogenes ]
Paul_Treloar_AgeUK
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This was part of a thread in December last year, see https://www.rightsnet.org.uk/forums/viewthread/16796/#80020

As you note, because the single person rate of PC passports to maximum HB and because the HB payable would be one-bed LHA rate whether that is as a single claimant or as a couple, then it appears on the face of it that there would not be a breach of the NRPF condition.

Note also the CTS aspect further down though which could be a problem.

And all with the caveat that if in doubt, refer for immigration advice first.

Diogenes
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Thanks Paul-T I have referred them to immigration sols as she needs a visa renewing soon.  HB refuse dto let them claim back in January but I suspect HB office were acting in their best intentions . !!!!!