Housing Benefit for couple (UK & non-EEA) with child

[asher2009]

I am a self employed English UK National, born in the UK. My girlfriend is a Venezuelan national (non-EEA) and here in the UK on a student visa lasting 2yrs (18 months remaining). She is currently applying for a National Insurance number.

My girlfriend is pregnant and will have the baby at the beginning of October 09.

We are currently living separately, however, we intend on living together preferably 1 month before the baby arrives. We will need to move to a two bedroom property as my current flat is a studio.

I am claiming housing benefit for my current property, and would need to claim for the new property that we would move to.

I would be claimant for housing benefit for the new property when we move.

I know that housing benefit for couples with 1 dependent or single parent with 1 dependent entitles the claimant to a two bedroom property. In this case I would be claiming for myself and my child and living with a non-EEA National as if we were a married couple.

My girlfriend has never claimed benefits before. She is currently working part time on a low income and would not be working at the time of the claim due to maternity leave.

Will my entitlement to Housing Benefit be effected when my girlfriend and I move in together given that she is non-EEA? I have researched this scenario already in various government sites but I’m still uncertain.
I am under the impression that she (and I) living as a couple may mean that neither of us have right to claim on public funds due to her nationality.

I am very grateful for your advice.

Many thanks

[Wanderer]

I think you will have to put her name on the claim but it makes no difference to the HB entitlement - single and couples get the same amount.

The baby will cause it to be increased but as it's ur baby (ie British) it's ok.

[asher2009]

Many thanks for your quick reply Wanderer, I've noticed your name popping up all over this site.

Yes, this is also what I thought may be the case i.e. So long as:

1. My girlfriend has a National Insurance Number and appropriate Visa,

2. My girlfriend living with me does not increase the amount of my claim,

then there is no difference in entitlement to the scenario where only myself and the baby were living there without my girlfriend.

My concern is what I should do in September i.e. a month before the baby arrives - Should we move into the new two bed property and start a claim as though we were living as a couple i.e. UK & Non-EEA with no-dependents? In this case, what LHA/HB should we be entitled to - a one bed property based on my own personal entitlement?

Then, a month later, when the baby arrives, should I then start a new claim for the two bedroom LHA?

Thank you so much for your time and advice once again..

[asher2009]

Further to this, regarding claiming for a higher rate LHA before the baby is born, this is copied from Newcastle City Council website:

New baby
A claimant cannot get the LHA rate for a bigger property while they (or their partner) are pregnant.

If the claimant is allowed an extra bedroom under the size criteria due to having a new baby or adopting a child, the change in the LHA rate only takes effect from when the baby is born/child is adopted, or starts to live in the property.