Ah right, so the two of you live together, and he is currently unemployed, and he has a child from a previous relationship, and you are currently heavily pregnant and will give birth later this calendar year. Does that sum it up?
I am absolutely not going to repeat all the technical arguments here in this topic ..... they are already fully dealt with in the first sticky topic in this Claiming benefits section of this Board .... but your boyfriend presumably currently claims JSA ... job-seekers' allowance ... and also Child Benefit for his child. And also he is claiming Tax Credits, now just the Child Tax Credit? Correct?
After the baby is born, your boyfriend should notify the Child Benefit office and add the new child to his claim. Tax Credits? Please confirm that Tax Credits are being claimed in the joint names of the two of you. It would be very wrong for just him to be claiming in his sole name, given that the two of you clearly live together.
Anyway, again after the birth of the baby, the joint claim for Tax Credits should be amended to take account of the new child.
Housing Benefit? Council Tax Benefit? He is British and perfectly able to claim those benefits. However what he cannot do is get
more such benefit because you are living there with him, given you have a visa with the "No recourse to Public Funds" restriction. But given the existence of a child in the household, there cannot be a problem. That is because the "income disregard" for "a single parent and one child" is the same as for "a couple and one child", so you living there with him cannot possibly cause more benefit to be paid.
Council Housing? I am not sure why you think there is a problem there? Again the same restriction applies as for HB and CTB, there would be a problem if a
larger Council House were to be allocated because you are living there with him. But in practice it won't be. Councils allocate the same size of accommodation to a single parent with two children, as to a couple and two children, so no problem at all.
Presumably the birth of the baby, or its imminent birth, is what you hope will cause the Council to allocate accommodation. Hopefully you will be successful.
we prefer to apply for my spouse visa after he gets the coucil flat
The Council accommodation is not a problem, but his lack of employment might be. Yes I know it is difficult but he really needs to find a job before you apply for your visa. You say spouse visa, but the two of you are not married? How long have the two of you been living together? When do you plan to marry? Have you applied for a CoA?
You
must apply for a new visa before your current visa expires.
)
but i am just asking for the future... he is on JSA and we are not claiming any child benefit for our baby, because i am looking after the baby not him and i am not entitled to PFs...