Housing benefit stopped,forcing me to put fiance on claim??

rachprocter4 · Post by **rachprocter4** » Sat Aug 08, 2009 1:10 pm

I am currently in argument with my local housing benefit office. They are threatening to stop housing benefit on the 25th August because I have refused to add my fiance to my claim. My partner is on a fiance visa and I was told he should NOT be on this claim under any circumstance, they are saying he MUST be on the claim and have a national insurance number or I cannot claim any housing benefit. Which is completely contradictory to what I believe.

If I put him on the claim he will be refused the next visa he has to apply for after the 10th October (wedding date), if I don't I will lose housing benefit and therefore will not be able to show I have enough funds for the next visa....?

My fiance has enough savings so we would not lose our house but the issue is, if I am entitled to it I want to claim it, making life easier with a 2 year old!, also what about the next visa?

Thanks for reading, I'm so confused!

Wanderer · Post by **Wanderer** » Sat Aug 08, 2009 1:13 pm

He should be on if living at the house, normally it would have the result of reducing the HB entitlement if working, no effect if not, but needs to be on the claim.

All AIUI

rachprocter4 · Post by **rachprocter4** » Sat Aug 08, 2009 1:18 pm

He is on a fiancee visa = He cannot work and does not have a national insurance number. They are saying he MUST have a national insurance number for ME to claim housing benefit. Is this correct?

I was under the assumption that it is done by how many people live there and the income, if the number of people go up and the income doesn't then the housing benefit with increase, this being illegal because he can't receive any benefit?

Wanderer · Post by **Wanderer** » Sat Aug 08, 2009 1:28 pm

rachprocter4 wrote:He is on a fiancee visa = He cannot work and does not have a national insurance number. They are saying he MUST have a national insurance number for ME to claim housing benefit. Is this correct?

I was under the assumption that it is done by how many people live there and the income, if the number of people go up and the income doesn't then the housing benefit with increase, this being illegal because he can't receive any benefit?

I think the HB stays the same with a couple if one isn't working. For NI number just use a temp one TNmmddyyM using DOB for the date - not supposed to anymore but if they want a number....

rachprocter4 · Post by **rachprocter4** » Sat Aug 08, 2009 2:02 pm

Does this not show that if I claim with my fiance my benefit will go up?

http://www.horsham.gov.uk/council_servi ... es_777.asp

Sorry, I just want to make sure this does not effect his marriage visa in a few weeks.

Also, I just make up his national insurance number with his birthday?

How are people supposed to know these things?!

Thanks

zaphod · Post by **zaphod** » Wed Aug 12, 2009 1:56 pm

The requirement for all parties on a HB/LHA claim to have a national insurance number was removed in April - get the to check their regs. I'm away from home at the moment so unfortunately I don't have the exact reference to hand.

rachprocter4 · Post by **rachprocter4** » Thu Aug 13, 2009 6:30 am

Can someone Please find this information somewhere official? I have looked and can't find any regulations officially. I'm afraid if I lose housing benefit he'll have to go back to the US after the wedding, because he'd be supporting me not the other way around! I'm so stressed/ worried about wedding prep and visa stuff.

Post by **John** » Thu Aug 13, 2009 7:46 am

The regulations being sought are the The Social Security (National Insurance Number Information : Exemption) Regulations 2009. As regards Housing Benefit, reg. 9 is in play.

I think there is some confusion here. If he is living there his income and capital must be disclosed, and could well have the effect of reducing the amount of HB (and CTB) being paid. However you need to ensure that you are not paid more such benefit, then if he was not living there.

rachprocter4 · Post by **rachprocter4** » Thu Aug 13, 2009 8:47 pm

Thank you for the verification. So he must be on the claim but does not need the national insurance number they say he must have.

They already admitted to me that they have 'never come across a situation like this' which seems slightly bizarre! That said, I was just worried that they'd make be do something that is later going to effect the 2 year marriage visa.

Thanks again.

hamid84 · Post by **hamid84** » Wed Aug 19, 2009 1:34 pm

I am about to get on the same boat as yours so support me.

My partner who is on student visa does not have recourse to public funds and that means she can not apply for HB but i can and i do.

I had never mentioned to council about her thinking why should i because she isnt entitled for it but council somehow has found out that she is living in this house and now want to know when she moved in.

What shall i tell them? Also they want to know if she work ( no she does not )

Any help?

zaphod · Post by **zaphod** » Wed Aug 19, 2009 1:46 pm

Tell the truth, and apologise for not telling them earlier. If your partner does not work your HB/LHA will not be affected.

hamid84 · Post by **hamid84** » Wed Aug 19, 2009 1:48 pm

Yep.. I will.

I had no intentions of hiding it either. I was under the impression that i should not disclose her because she is not entitled for public benefits.

Thanks

zaphod · Post by **zaphod** » Wed Aug 19, 2009 1:52 pm

Yeah, that's what I had thought too. Got a bit of a telling off from the council lady

rachprocter4 · Post by **rachprocter4** » Thu Aug 20, 2009 7:30 pm

I've now been told they can't process my child tax credits and working tax credits because my partner does not have a national insurance number.... what am I doing wrong??? I've tried to do this properly, telling everyone the right information and I'm getting it thrown back at me?

I'm planning a wedding, working full time and have a two year old son. And now battling people that don't seem to know the current regulations!

Post by **John** » Thu Aug 20, 2009 8:00 pm

Very strangely, referring back to my post on 13.08.09, there is no mention of Tax Credits in those regulations. So it appears that it is still a requirement for each of the joint claimants to provide a NI number.

So the Tax Credits office, they are just saying that they cannot process the claim, and that is it? What they should be doing now is making arrangements for a NI number to be issued. If they are not doing that, get right back on to them and point that out to them.

rachprocter4 · Post by **rachprocter4** » Fri Aug 21, 2009 12:27 pm

They sent my parent a form asking what is national insurance number is or if he didn't have one then why he didn't have a national insurance number. Either to fill out the form or call. So he called and they said 'if you don't have a national insurance don't bother filling the form out and we cannot go any further with it then'. I don't quite understand.

So they should be issuing him a national insurance number? If this is not sorted by the weeding in October, how will this effect his next visa application? He still have enough savings to live off and a job offer if/when he gets the next visa, but will I still need this all sorted to submit to the immigration office? He was hoping to apply in person but with all this messing with the benefits I presume this is not advisable anymore?

Thanks for all your help in this very stressful time in our lives!

john1974 · Post by **john1974** » Sun Jul 01, 2012 9:12 am

Hi
Can anyone offer any further advice on this? if you dont have a N.I.No and i'm on a marriage visa, and your wife to be, is getting HB/CTB being british citizen she has no kids and is on E.S.A how do you stand today without a N.I.No, i am in this same position, and as this person was,some 3 years ago since it being written, can someone advice me to how we stand today without a N.I.No and wife to be getting there benefits?
Thank You John

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Housing benefit stopped,forcing me to put fiance on claim??

Housing benefit stopped,forcing me to put fiance on claim??

Update on having no N.I.No for HB/CTB