Advice from Shelter on Housing Benefit single rate Issue.

[zzzindagi]

I had a chat with Shelter on the housing benefit issue.

I gave them following details.
One Parent British
2 Children British
Spouse on visa with no recourse to public funds.

Council paying double rate and refusing to pay single/lone parent rate.

They checked with their specialist benefit adviser and the following was their reply...

Thanks for confirming that. I can appreciate why you are concerned about this. Please bear with me a few minutes while I look into this for you. It may be that you need more in depth help from a specialist benefits adviser to resolve the situation.

There are a few different aspects of the situation I want to cover for you. It might take me a few minutes to go through everything. If you could bear with me, I’ll do this as quickly as possible and then answer any questions you may have.

When renting from a private landlord the 'Local Housing Allowance' is used to work out how much housing benefit a person may get depending on who lives in the household. There’s more on this here: http://england.shelter.org.uk/housing_a ... owance_lha

This can be affected if there is someone living in the household who has no recourse to public funds, however in this instance whether or not your wife is taken into account as someone resident in the household, this would not increase the amount of Local Housing Allowance that would be due to you.

This is because LHA (Local Housing Allowance) is split into different 'rates' which govern how much people may be entitled to depending on who lives with them

When the council are looking at this, they have guidelines as to how many bedrooms are 'allowed' per person, depending on the make up of the household.

One bedroom is 'permitted' for a single person (such as a single parent for example). However, one bedroom would also be permitted in the allowance per adult couple.

As a result, this means that there wouldn't be an increase in benefits even if the Council take your wife into account as part of the calculation, so you would not be claiming benefits you are not entitled to in that situation

This comes from a similar case called Secretary of State for Work and pensions v Wilson (2006).

If you need more in depth help with this, you could seek support from a benefits adviser. You could contact the Citizens Advice Bureau for help with benefits issues. You can search for a local office here: https://www.citizensadvice.org.uk/about ... ce/advice/

[zzzindagi]

Can any senior member shed a light on it please. If the advice from shelter is correct.

Also if the following case is relevant to my case as stated by shelter.

Secretary of State for Work and pensions v Wilson (2006).

[Casa]

The advice is correct. The rate for a single person + children would be the same as a couple. However, you must declare any income your spouse has when submitting your claim.

[zzzindagi]

The advice is correct. The rate for a single person + children would be the same as a couple. However, you must declare any income your spouse has when submitting your claim.

Thanks Casa,
My wife do not work, so her earnings are nil.
Council in decision letter stated like this.. Couple x 1 amount=??? and 2 children amount =???

When i wrote Council and asked them to exclude my wife there replied...

Dear Mr. *******,

Thank you for your email below in which you have asked for your partner to be excluded from the applicable amount because she has no recourse to public funds.

For Housing Benefit purposes if the claimant has a partner living in the same household who is subject to immigration control, the eligible member can apply for both of them and the personal allowance for a couple is awarded in full (HB Guidance Manual paragraph C4.218).

However, this does not mean that it is safe to claim because the increased award is treated as ‘recourse to public funds’ and the local authority may notify the Home Office even though they are not obliged to do so.

We will advice you to get good immigration advice about the possible consequences on your partners application for leave should you decide to claim Housing Benefit.
...................................................................

Now after reading the advice from shelter and council, do you think it can cause any trouble for my Wife FLRM extension.

[ILR1980]

The advice is correct. The rate for a single person + children would be the same as a couple. However, you must declare any income your spouse has when submitting your claim.

What if children are not british ? Can settled person still claim housing benefits on their behalf in same way as he/she is entitled to child benefit even when his/her children are subject to immigration control?

[ILR1980]

The advice is correct. The rate for a single person + children would be the same as a couple. However, you must declare any income your spouse has when submitting your claim.

Thanks Casa,
My wife do not work, so her earnings are nil.
Council in decision letter stated like this.. Couple x 1 amount=??? and 2 children amount =???

When i wrote Council and asked them to exclude my wife there replied...

Dear Mr. *******,

Thank you for your email below in which you have asked for your partner to be excluded from the applicable amount because she has no recourse to public funds.

For Housing Benefit purposes if the claimant has a partner living in the same household who is subject to immigration control, the eligible member can apply for both of them and the personal allowance for a couple is awarded in full (HB Guidance Manual paragraph C4.218).

However, this does not mean that it is safe to claim because the increased award is treated as ‘recourse to public funds’ and the local authority may notify the Home Office even though they are not obliged to do so.

We will advice you to get good immigration advice about the possible consequences on your partners application for leave should you decide to claim Housing Benefit.
...................................................................

Now after reading the advice from shelter and council, do you think it can cause any trouble for my Wife FLRM extension.

Housing benefit is bit tricky unlike child benefit or tax credit as we don't have enough information available . If you read public funds guidance

" A joint tenancy cannot be granted to 2 or more people if any of them is a person subject to immigration control who is ineligible for local authority housing. This applies both to local authority housing and to housing which is provided by a housing association as the result of a referral from a local authority. A sole tenancy may be granted to someone who is eligible (for example a British person or person settled in the UK) but whose spouse/partner is not eligible. The ineligible spouse or partner is not counted as accessing public funds as a result of this.

Housing associations are different to housing authorities. They are independent, not-forprofit, organisations that provide low-cost housing.

People who are subject to immigration control can apply to a housing association and enter into a contract with them.

If they apply without being referred from a local authority or housing authority you must not consider this as claiming public funds.

If a person applies to a housing association following a referral by the local authority or housing authority you must consider this as recourse to public funds.

If it is unclear whether it is a housing association or local authority providing the housing, you must contact the housing provider to establish the basis on which the applicant qualified. "


https://www.gov.uk/government/uploads/s ... _v13.0.pdf

[muskan ali]

The advice is correct. The rate for a single person + children would be the same as a couple. However, you must declare any income your spouse has when submitting your claim.

Thanks Casa,
My wife do not work, so her earnings are nil.
Council in decision letter stated like this.. Couple x 1 amount=??? and 2 children amount =???

When i wrote Council and asked them to exclude my wife there replied...

Dear Mr. *******,

Thank you for your email below in which you have asked for your partner to be excluded from the applicable amount because she has no recourse to public funds.

For Housing Benefit purposes if the claimant has a partner living in the same household who is subject to immigration control, the eligible member can apply for both of them and the personal allowance for a couple is awarded in full (HB Guidance Manual paragraph C4.218).

However, this does not mean that it is safe to claim because the increased award is treated as ‘recourse to public funds’ and the local authority may notify the Home Office even though they are not obliged to do so.

We will advice you to get good immigration advice about the possible consequences on your partners application for leave should you decide to claim Housing Benefit.
...................................................................

Now after reading the advice from shelter and council, do you think it can cause any trouble for my Wife FLRM extension.

Hi i am also same situation going to apply for FLR FP as partner.My husabnd has applied for housing benefit and couple rate has been applied. Called council they are saying as long as your husband has applied for housing benefit and letters are coming in his name there should not be any problem.
Is letter coming in ur name or joint name?
Have you sent housing letter to HO with application?

Reply me plz

[muskan ali]

The advice is correct. The rate for a single person + children would be the same as a couple. However, you must declare any income your spouse has when submitting your claim.

Thanks Casa,
My wife do not work, so her earnings are nil.
Council in decision letter stated like this.. Couple x 1 amount=??? and 2 children amount =???

When i wrote Council and asked them to exclude my wife there replied...

Dear Mr. *******,

Thank you for your email below in which you have asked for your partner to be excluded from the applicable amount because she has no recourse to public funds.

For Housing Benefit purposes if the claimant has a partner living in the same household who is subject to immigration control, the eligible member can apply for both of them and the personal allowance for a couple is awarded in full (HB Guidance Manual paragraph C4.218).

However, this does not mean that it is safe to claim because the increased award is treated as ‘recourse to public funds’ and the local authority may notify the Home Office even though they are not obliged to do so.

We will advice you to get good immigration advice about the possible consequences on your partners application for leave should you decide to claim Housing Benefit.
...................................................................

Now after reading the advice from shelter and council, do you think it can cause any trouble for my Wife FLRM extension.

Hi did u send benefit letters as well with ur wife application?

[zzzindagi]

Hi Muskan Ali,

I am going to apply FLRM Extension for my wife. I am earning enough to meet the financial requirement so i dont have to fill that part where they ask for Public Benefit. When you can demonstrate that you are earning more than the minimum threshold then it takes you to the next section bypassing the Benefit section. So i don't have to send anything relating to the benefits.

I am just going to send my Bank Statements, Payslips and cohabitation documents.

[muskan ali]

Hi Muskan Ali,

I am going to apply FLRM Extension for my wife. I am earning enough to meet the financial requirement so i dont have to fill that part where they ask for Public Benefit. When you can demonstrate that you are earning more than the minimum threshold then it takes you to the next section bypassing the Benefit section. So i don't have to send anything relating to the benefits.

I am just going to send my Bank Statements, Payslips and cohabitation documents.

Ok best of luck u mentioned in earlier post regarding housing benefits .My husabnd is also claiming housing benefits and couple rates applied but letter is coming in his name only discussed many time with council.Refused to apply single rate

[zzzindagi]

I will suggest you to stop receiving the housing benefit. If they can change it to single rate then it is okay but if they pay you double rate then it is better to stop it before applying. Atleast you can argue that council had told you that you are getting the amount you are eligible for but still you cancelled the benefit.
You only have to write those benefits you are currently receiving.

[muskan ali]

I will suggest you to stop receiving the housing benefit. If they can change it to single rate then it is okay but if they pay you double rate then it is better to stop it before applying. Atleast you can argue that council had told you that you are getting the amount you are eligible for but still you cancelled the benefit.
You only have to write those benefits you are currently receiving.

Ok thanks there will not be any problem with child tax credit my husband claim but child tax credit Given to me as i am responsible to take care of children.
Do i have to attech child tax credit lettes with my application?