Claiming benefit for brit, wife can't access public funds

Hello

I am British citizen, i live in greater London. I'm married to a filipino, which i fully sponsor her, she is here on a 2.5 year visa. Im employed and earn 22k a year.

She is now 4 months pregnant and we are in need of a bigger home. London prices are very high. Iv been told from my local council i can claim Local Housing Allowance towards the cost of rent. They said as my wife is not allowed to claim any public funds, but i can. I will get a single with 1 child rate, but iv got to put my wife's name and national insurance number on the claim form, as she still be living with me.

I am very worried about this as i sign agreement i would not use any public funds to accommodate ourselves.

But my solicitor pointed out i can. Its showed it on the Gov/public funds page 14 and 15

A joint tenancy cannot be granted to 2 or more people if any of them is a person subject to immigration control who is ineligible for local authority housing. This applies both to local authority housing and to housing which is provided by a housing association as the result of a referral from a local authority. A sole tenancy may be granted to someone who is eligible (for example a British person or person settled in the UK) but whose spouse/partner is not eligible. The ineligible spouse or partner is not counted as accessing public funds as a result of this.

So i went to see my local Mp and a case worker there so she had many people come in their office and asked the same question and they said it should be ok as i am a british. So i got them to call home office to confirm this and i wont be breaking any agreements on my side. Because i don't want to claim any public funds and which i might be causing harm on my wifes next application when renewing.

Home office said one thing "It "may" effect your wifes next application when renewed.

Maybe is not a answer, why home office could not give me a straight answer. yes or no?

Can anyone enlighten me on this subject. Thanks

Casa wrote:The 'Home Office' couldn't give you a straight answer as the 'help line' is outsourced to agency staff who are notorious for giving vague or incorrect advice.

Your Local Council have advised you correctly.

Thanks for the fast reply, case worker in the MP office said she spoke to someone in the home office, that someone spoke to her boss which is kinda high up in the job. Case worker did say before hand that i would not get a straight answer from them. As they don't really wanna help

Casa wrote:You may find this article by Freemovement interesting (if not concerning), which shows the extent of the problem with the HO 'help line'.

https://www.freemovement.org.uk/immigra ... pectation/

Just read the article. Yes you're right. It's very concerning. Shame really as it's a simple question i needed answering from their part.

Casa wrote:Just as an aside, are you aware that you can claim WTC & CTC as long as these are claimed in JOINT NAMES and Child Benefit in YOUR NAME ONLY, without affecting your wife's future visa applications?

Yes i was aware of WTC & CTC in joint names, but never know of Child Benefit. I'ts all knew to me as this is my 1st child.

I will apply for local housing benefit & anything i am entitled to.

Thanks for replies. Good to have positive feedback.

Casa wrote:Be wary of claiming Housing Benefit. This can only be awarded at the single person + child rate although joint earnings will be used for the benefit calculation.

You should most certainly be claiming Child Benefit. The payment should go into your own account.

The council already know of her status and said i have to enroll her on the application for local housing, but i will get a single with 1 child rate.

It be only my earning calculated as i'm the only one working. I will make the application at the council office it's self and get them to fill it out directly. With me as the sole applicant.

FuzzBall wrote:
The council already know of her status and said i have to enroll her on the application for local housing, but i will get a single with 1 child rate.

It be only my earning calculated as i'm the only one working. I will make the application at the council office it's self and get them to fill it out directly. With me as the sole applicant.

You can only get the single and 1 child (number of bedrooms) after the baby is born.

As you say, you can apply now, but you must not take the couple rate as your wife is subject to immigration control.

If you are under age under 35 then you must only take the Shared Accomodatioin Rate, but remember that you won't get that rate in full because yours (and you wife's) earning, capital, savings etc is used in your calculation.

You can have a play with the calculator to see how it works, but rememebr to put yourself in as a single (as you can't take extra for you wife) but add in her salary, savings etc. to get a rough guide.
Then you can see what HB you will get when your baby is born. Housing benefit has been frozen for 4 years, so you will have rough idea what you will be given when the baby is born (subject to any wage increases you and your wife may get).
http://lha-direct.voa.gov.uk/bedroomcalculator.aspx

Your council may have their own HB calculator.

Casa wrote:Just as an aside, are you aware that you can claim WTC & CTC as long as these are claimed in JOINT NAMES and Child Benefit in YOUR NAME ONLY, without affecting your wife's future visa applications?

He won't get WTC as he earns too much. The poverty cut off for CTC with one chld is about 26K, based on the previous years earnings.

Just thought, if Universal Credits is already in in your area, you may be put on UC instead if you can claim HB now.

Under the Welfare Reform Act, UC will replace 6 income based benefits: Housing Benefit, Child Tax Credits, JSA, Working Tax Credits, ESA and Income Support. Over the next two or three years, claimants of these will be moved onto UC if they are of working age. UC has different rules for claimants.