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Discretionary Leave affected by claiming Housing Benefit?

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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sarah2007
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Posts: 8
Joined: Fri Nov 30, 2007 12:55 pm

Discretionary Leave affected by claiming Housing Benefit?

Post by sarah2007 » Tue Oct 14, 2008 4:09 pm

Hi,

My husband was an overstayed a student visa but was granted 3 years discretionary leave based on his marriage to me. It is stated in his docutmentation that he is allowed to use public funds.

He is working but we also claim housing benefit (in my name but he is of course mentioned on the forms). When we come to extend his discretionary leave, will the housing benefit affect his application?

Thanks in advance...

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Tue Oct 28, 2008 1:47 pm

Just spotted this.

You are allowed to claim HB, but you are not allowed to claim more HB because your husband is living there with you. However, especially as he is working, you are probably getting less HB, not more, because of his earnings.

Are there any children in the household?
John

tasha75
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Posts: 257
Joined: Fri Aug 18, 2006 11:04 am

Post by tasha75 » Tue Oct 28, 2008 11:23 pm

John wrote: You are allowed to claim HB, but you are not allowed to claim more HB because your husband is living there with you.
Why? Husband has DLR and is allowed to claim benefits. None of them have "no public funds" restriction.
Do not live your life in fear.

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Wed Oct 29, 2008 9:28 am

tasha75, you are right, unless there is a "No Recourse to Public Funds" restriction on his visa, there is absolutely no problem here.
John

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