HB entitlement for full-time student with children and partner subject to immigration controls

I am dealing with a case which I am finding very confusing.

Mrs D has three children aged 5, 9 and 11. She is a full-time student in advanced education, renting from a housing association. She has had a partner living with her for the last 6 months or so, who she tells me has no recourse to public funds nor is he working. She seemed to think he would be allowed to work soon; it sounds like they have applied for him to have leave to remain.

They have HB in payment covering the whole rent. However, I am struggling to understand how they would actually be entitled?

My understanding is that full-time students do not usually qualify for HB. However, as a lone parent, she did previously qualify. But when partner turned up, she was no longer a lone parent, and as he is not a full-time student, they cannot qualify. My understanding is that he is still included on the claim for HB even attracting the couple rate despite his immigration status. It could be reasonably argued that as he is not able to bring any money in to the household due to his immigration status that it would not be fair to exclude her from HB that calculations show she would be entitled to as long as she qualifies. But legislation does not actually seem to allow for this.

She is not on an income-based benefit, she is not under 21, she is not a lone foster parent, she is not entitled to any disability premiums nor is she incapable of work due to illness, she is not deaf and she has not taken time out of her course.

What is happening here, what am I missing? Or has the Local Authority made a mistake. I am confident they do know all this information because I discussed it with one of the senior officers there and the tenant copied me into an email to that officer, when the presence of the partner was originally notified.

From what you say it definitely sounds like the Council has got it wrong: one member of a couple FT student and other a PSIC is the classic HB Catch 22. Only way round it is if they have taken the generous view that, all things considered, they aren’t a couple.

Well one thing I forgot to mention is Mrs D is currently pregnant. And given the time frame of when partner came in and the due date, I am guessing the partner had something to do with that. So that seems unlikely.

Anyone else got any suggestions? If it does seem a mistake I will be obliged to inform the council which will put this family in some difficulty…