Help with housing benefit, believe claim will effect partner

Itsbush · Post by **Itsbush** » Wed Feb 01, 2017 5:00 pm

Hi, my partner recently arrived in the UK on a youth Mobility Visa, I'm a British citizen and I am currently in receipt of PIP (standard rate), because I'm now living with a partner my housing benefit and council tax reduction has had its severe disability allowance cut and I was wondering if my partner would be able to claim carers allowance for me?
He's from New Zealand and only arrived in the UK on the 21/12/2016.
Is carers allowance a public fund & will claiming it breach his visa?
Thanks in advance

CR001 · Post by **CR001** » Wed Feb 01, 2017 5:15 pm

Yes it is public funds and yes it will breach the visa conditions.

See page 6 of the link below.

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

Itsbush · Post by **Itsbush** » Wed Feb 01, 2017 5:48 pm

Thanks for the link, would it not be an exception due to me being a citizen?

A person subject to immigration control can claim certain public funds when they have a
right to reside in the UK if they live with a family member who is a:
• British citizen
• national of a country in the European Economic Area (EEA)

I did contact welfare rights and enquire about him claiming, and they said carers allowance wasn't a public fund but perhaps that information is outdated?

Petaltop · Post by **Petaltop** » Thu Feb 02, 2017 1:31 pm

Itsbush wrote:Thanks for the link, would it not be an exception due to me being a citizen?

He would be the one claiming public funds and that is not allowed on his visa.

You can claim benefits for youself, but you can't take extra benefits for him. As you have found out, his earnings/savings are counted for some of your income based benefit calculations. PIP is an in-work benefit as money to help with your disability and therefore is not an income based benefit.

As he is living in your house, he should be paying towards the rent and council tax, which should more than compensate for your benefit reductions. With him paying for half off all the bills now (electric, gas, water, food) you should be better off. You should be better off now as two can live cheaper than one.

Itsbush · Post by **Itsbush** » Thu Feb 09, 2017 4:39 pm

I am in reciept of housing benefit/council tax reduction and my partner is staying with me on a Youth Mobility Visa, I have told them she has no access to public funds and they have awarded me couples allowance, which I do not want, however I still require some help with paying my rent and the single claimant was enough, is there anything I can do to change this? Will my claim effect her visa?
I've attached email correspondence below

If you wish to claim Housing Benefit / Council Tax Reduction, your partner has to be included on your claim and we don’t have any discretion in this matter. I’m sorry I can’t give you advice as to if or how this could affect your partner’s immigration status as we are not experts in this field.

I have attached a link to a Home Office document on the GOV.UK website. An excerpt from Page 18 says “A person subject to immigration control is not considered as accessing public funds if it is their partner who is receiving the funds they are entitled to”. As you are the person claiming the benefits, it would suggest that Miss **** will not be treated as accessing public funds but I would recommend that she takes independent advice on this matter.

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

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Help with housing benefit, believe claim will effect partner

Youth Mobility Visa & claiming carers allowance

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Re: Youth Mobility Visa & claiming carers allowance

Re: Youth Mobility Visa & claiming carers allowance

Help with housing benefit, believe claim will effect partner