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could i claim housing benefit while my spouse and child FLRM

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

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

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f.khan88
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could i claim housing benefit while my spouse and child FLRM

Post by f.khan88 » Mon Oct 12, 2015 10:04 am

Hi All, if anyone experience and have knowledge then please advise me about claiming HOUSING BENEFIT:

I am on ILR and currently claiming CB(in my name and CTC(in joint application) as after thorough research I came to assured both above benefits wont effect spouse and child who are on FLR(M) visa at the moment.

Now, I want to claim housing benefit, I want to get some advise could i claim housing benefit while my spouse and child are on FLR(M), but me on ILR(indefinite) and other 2 child are British passport holder?

If I claim how it would be, I know through council, but I mean single application or couple joint ? etc

can I just claim housing benefit for myself and my 2 British children's?

would claiming this housing benefit effect my spouse and child extension or ILR application in future?

Currently my brother and his wife lives with us in our 4 bedroom house, would it effect? or I need to let council know we are only occupying 3 bedrooms?

I would be very thankful if any one could provide generous information & advise.

Thanks

LR2015
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Re: could i claim housing benefit while my spouse and child

Post by LR2015 » Tue Oct 13, 2015 3:34 am

f.khan88 wrote:Hi All, if anyone experience and have knowledge then please advise me about claiming HOUSING BENEFIT:

I am on ILR and currently claiming CB(in my name and CTC(in joint application) as after thorough research I came to assured both above benefits wont effect spouse and child who are on FLR(M) visa at the moment.

Now, I want to claim housing benefit, I want to get some advise could i claim housing benefit while my spouse and child are on FLR(M), but me on ILR(indefinite) and other 2 child are British passport holder?

If I claim how it would be, I know through council, but I mean single application or couple joint ? etc

can I just claim housing benefit for myself and my 2 British children's?

would claiming this housing benefit effect my spouse and child extension or ILR application in future?

Currently my brother and his wife lives with us in our 4 bedroom house, would it effect? or I need to let council know we are only occupying 3 bedrooms?

I would be very thankful if any one could provide generous information & advise.

Thanks
It doesn't look like that you will qualify for housing benefit with 4 bedrooms property and adults sharers. Even if you exclude your wife you still have 2 more adults ( brother and his wife) also sharing property and calculations will include their rent too.

You may qualify to get housing benefit if you start living on your own with wife and British children in my opinion. You can get best advice from Citizens Advice on this.
https://www.citizensadvice.org.uk/

f.khan88
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Posts: 40
Joined: Sun Sep 06, 2015 9:15 am

Re: could i claim housing benefit while my spouse and child

Post by f.khan88 » Tue Oct 13, 2015 7:06 am

Thanks LR2015

Thanks for your kind comments and provided link, my query is not that whether while living with my brother and his wife could I claim housing benefit, bcz we could start living alone... but my main concern is;
I want to claim housing benefit, I want to get some advise could i claim housing benefit while my spouse and child are on FLR(M), but me on ILR(indefinite) and other 2 child are British passport holder?

If I claim how it would be, I know through council, but I mean single application or couple joint ? etc

can I just claim housing benefit for myself and my 2 British children's?

would claiming this housing benefit effect my spouse and child extension or ILR application in future?


As on SET(M) form it ask about benefits you and your partner receive, so I want to be make sure my spouse and other child who are on FLR(M) visa currently do not claim if they are not eligible....

Please advise

Thanks

LR2015
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Re: could i claim housing benefit while my spouse and child

Post by LR2015 » Tue Oct 13, 2015 9:15 pm

f.khan88 wrote:Thanks LR2015

Thanks for your kind comments and provided link, my query is not that whether while living with my brother and his wife could I claim housing benefit, bcz we could start living alone... but my main concern is;
I want to claim housing benefit, I want to get some advise could i claim housing benefit while my spouse and child are on FLR(M), but me on ILR(indefinite) and other 2 child are British passport holder?

If I claim how it would be, I know through council, but I mean single application or couple joint ? etc

can I just claim housing benefit for myself and my 2 British children's?

would claiming this housing benefit effect my spouse and child extension or ILR application in future?


As on SET(M) form it ask about benefits you and your partner receive, so I want to be make sure my spouse and other child who are on FLR(M) visa currently do not claim if they are not eligible....

Please advise

Thanks
Hi f.khan88,

According to home office public funds guidance: Page 13/59
A British citizen or a person settled in the UK who receives housing from a local authority can include their partner’s name on the tenancy agreement, even if their partner is subject to immigration control.
As it is not the person subject to immigration control making the claim they must not be considered to be claiming public funds.
https://www.gov.uk/government/uploads/s ... 2_0EXT.pdf

f.khan88
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Re: could i claim housing benefit while my spouse and child

Post by f.khan88 » Mon Oct 19, 2015 6:44 am

Hi All

Any one have experience or information about can I just claim housing benefit for myself and my 2 British children's?

would claiming this housing benefit effect my spouse and child extension or ILR application in future?


As on SET(M) form it ask about benefits you and your partner receive, so I want to be make sure my spouse and other child who are on FLR(M) visa currently do not claim if they are not eligible....


relevant advise would be highly appreciated.

thanks

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Casa
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Re: could i claim housing benefit while my spouse and child

Post by Casa » Mon Oct 19, 2015 8:14 am

Claim for yourself and your 2 children only.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

f.khan88
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Re: could i claim housing benefit while my spouse and child

Post by f.khan88 » Mon Oct 19, 2015 8:24 am

Thanks Casa

That's what I was thinking as well to apply, but how it could be differentiate the housing benefit I would be getting not use for my spouse and first two childs? also while child benefit and child tax credit could be apply for all child whether they are British or on British dependant, so same rule does not apply on housing benefit?

please if you or any one have info. kindly comments.

thanks

Petaltop
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Re: could i claim housing benefit while my spouse and child

Post by Petaltop » Tue Oct 20, 2015 9:38 am

f.khan88 wrote:Thanks Casa

That's what I was thinking as well to apply, but how it could be differentiate the housing benefit I would be getting not use for my spouse and first two childs?
also while child benefit and child tax credit could be apply for all child whether they are British or on British dependant, so same rule does not apply on housing benefit?

please if you or any one have info. kindly comments.

thanks
You cannot take more benefits to house the children that are not allowed public funds. Housing benefit is calculated on the number of people and the ages and gender of the children, who may be then allowed to have their own bedroom (more benefits to pay for this extra room/s).

You cannot take more benefits to house/pay for an extra bedroom for children that are not allowed public funds as you are meant to provide this. Your wife, although not allowed money for an extra bedroom for her, will share the room that benefits pay for you. You can claim for yourself and the British children.

Child Benefit has different rules and in not dealt with by a benefits department, instead it is handled by HMRC.. An adult who is allowed to have public funds can claim an extra £13 a week for children that are not allowed public funds.

If you don't work at all then you will might have the housing benefit reduced as there is a benefits cap.

The rules on what benefits you can claim and what you will have to do for these benefits, are changing under the welfare reforms when most income based benefits will be replaced by the one benefit, Universal Credit.

f.khan88
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Re: could i claim housing benefit while my spouse and child

Post by f.khan88 » Mon Oct 26, 2015 9:14 am

Thanks Pateltop

you are right, exactly same I thinking. can please tell what is that you mentioned " An adult who is allowed to have public funds can claim an extra £13 a week for children that are not allowed public funds".

is it CB you mean?

also claiming child tax credit for children that are not allowed public funds is not a not a issue ? bcz that's parent claim who are either British/ILR.

f.khan88
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Re: could i claim housing benefit while my spouse and child

Post by f.khan88 » Mon Nov 02, 2015 8:00 am

Good Morning everyone,

I need advise if someone have information regarding claiming housing benefit, lets say if i am entitled for 2 bedroom, but if i take out 4 bedroom house on private rent, so i can have 3 room for me and my family( my 2 kids who are still on my dependent visa, ILR), hence can i rent out one spare room on to someone, or if take house on joint rent with my cousin and his wife( 1 room for them)?

would it be allowed and what could be its effects?


Thanks

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Re: could i claim housing benefit while my spouse and child

Post by CR001 » Mon Nov 02, 2015 10:50 am

If you do that, housing benefit office will only pay you for what you are entitled to and if you rent out a room, this income needs to be declared. If you rent a place jointly with other people, their income will also need to be declared in your application.

I would strongly suggest that you not mess around with housing benefit. They don't think twice about pursuing people who don't follow the rules.
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f.khan88
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Re: could i claim housing benefit while my spouse and child

Post by f.khan88 » Wed Nov 04, 2015 5:17 pm

Thanks CR001

I am not trying to mess with anyone or specially with benefit people, I just wanted to know that how does housing benefit works and what are the their requirements in different situations, before committing any unintentional mistake.

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Re: could i claim housing benefit while my spouse and child

Post by CR001 » Wed Nov 04, 2015 5:35 pm

The link below is a good benefits calculator and you can put information in using different scenarios. When you do it, select British Citizen for your self as ILR holder is not an option on the template.

http://benefits-calculator.turn2us.org.uk/AboutYou

You should contact the housing benefits office or Citizens Advice for help if you are not sure of anything.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

hassenpk
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Re: could i claim housing benefit while my spouse and child

Post by hassenpk » Sun Jan 17, 2016 3:24 pm

Hi all,
Hope you guys well.
I am facing similar kind of situation I myself and my son hold British nationality but my wife she is on tier 1 general visa (HSMP) .Now her ILR is due in June 2016 on tier 1 bases But due to my medical condition she was not able to work for 2 year as i was on and off admitted in hospital and just gone through major Surgery and waiting for follow up surgery due in 6 month.

Hence could anyone advise what shall i do what category my wife can apply to get the visa as her earning and my earnings are not enough for spouse category and ILR extension.However i am calming benefit as well child tax credit, housing and child benefit .

Regards.

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