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NRPF - Claiming UC - Joint Tenancy - Housing Benefit

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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kbookworm
Newly Registered
Posts: 4
Joined: Fri Apr 16, 2021 7:11 pm

NRPF - Claiming UC - Joint Tenancy - Housing Benefit

Post by kbookworm » Thu Aug 05, 2021 3:38 am

Hi all,

I recently started claiming UC with housing benefit. My partner has NRPF, we applied as a couple and my partner failed the HRT and received a letter stating non-eligibility. We made it clear in our journal notes that my partner did not wish to apply or receive any benefit. I also spoke to our level 3 immigration advisor, DWP phone support and Citizens Advice about whether to enter the rent amount in full or 50%. I was told by all of them to enter the full 100% rent amount of the house. I was told that each joint tenant is individually liable for 100% not only 50%, which meant I should right the full amount.

I did do some reading about the issue prior to applying. Though I am still quite concerned that as joint tenants and claiming the full rent amount, it could be problematic to my partners immigration status. I did some LHA calculators and it seems the amount is the same with or without my partner, due to our 2 children. Though I suppose the question is should I only have put 50% of the rent amount?

Could you please help me to consider ways to go about finding out if we should adjust the rent amount to 50% covering my half of the rent and if necessary seek to repay any over payment if this has occurred. What is the best way to handle this situation and what might be the fallout?

I have to ask if our level 3 OISC immigration advisor what is meant by 'seek specialist immigration' advice? But it is still so unclear.

Thanks and look forward to any helpful responses.

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: NRPF - Claiming UC - Joint Tenancy - Housing Benefit

Post by JB007 » Thu Aug 05, 2021 12:24 pm

To avoid confusion for others, you are claiming Universal Credit with the housing elelement and are not claiming UC and Housing Benefit. Universal Credit has replaced Housing Benefit for those of working age/has a partner of working age (below UK state pension age).

You had to link your NRPF partner to your UC claim, but should then be paid as a single person. However, the NRPF partner's capital/savings/earnings are used in your benefit claim.
claiming-benefits/universal-credit-clai ... 02126.html


A joint tenancy does mean that each person on that joint tenencay is liable for all the rent. That is why landlords like joint tenacies as they can chase any/all for the rent, even if the person has already paid their share.

However, also in that link is this-

Universal Credit
...
If your partner’s leave is subject to a no recourse to public funds restriction, you should seek specialist immigration advice before making a claim, if you and your partner are joint tenants. As your partner’s share of the rent is used to calculate the housing element of Universal Credit, this might be considered as recourse to public funds, which could affect their right to remain in the UK.

https://www.turn2us.org.uk/Benefit-guid ... de-content


Mod amber has also given this link before about the problems of claiming UC with a member of the household who is NRPF, which says the same-




The NRPF site has this-

Council Tax Reduction, Housing Benefit, and Universal Credit

When a person is living with a partner who is subject to the NRPF condition, they would need to find out if they have to include their partner's details on the benefit claim. If they do, they would need to find out whether they will get an extra amount of benefit because of their partner's presence in the household.

If the person who is claiming the benefit gets an extra amount because of their partner's presence, then their partner would need to seek legal advice from an immigration adviser to find out whether receiving the additional amount may affect their current or future immigration position.

https://www.nrpfnetwork.org.uk/informat ... households



To avoid any problems with the Housing Element of Universal Credit, will the LL/LA let you change the tenancy agreement to your sole tenancy?



If you have children who are NRPF-
Also if a child’s leave is subject to a NRPF then a claim for the child element in UC could breach the condition, in which case specialist immigration advice would also be necessary before claiming


and this from the turn2us site again on benefits and a child who is NRPF-
https://www.turn2us.org.uk/Benefit-guid ... de-content

sahil29
Newly Registered
Posts: 19
Joined: Sat Nov 05, 2016 11:46 pm

Re: NRPF - Claiming UC - Joint Tenancy - Housing Benefit

Post by sahil29 » Wed Oct 06, 2021 10:18 pm

@kbookworm
Hi I am in the similar situation, my wife ILR is due in December 2021 and I am also concerened if this would affect her ILR application being a joint tenant. Have you found an answer on this matter or any advise please. Thanks

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