I'm British but my wife has no recourse to public funds

[mrL]

Hello there.

I'm a British citizen, my wife and I have been together for 8 years and married for 3. She was in a precarious immigration situation for the last four years through no fault of her own: we were both 18 by the time we found out her situation - her parents hid it from her, under the ignorant assumption 'everything will be just fine' after she finishes University. In fact, my wife, with grades far superior than my own, was unable to even apply to University (obviously).

I am elated that at last, she won her case and can finally achieve everything I know she is capable of. But we have one looming issue.

She has been granted limited leave to remain but with no recourse to public funds.

We rent privately and claim Housing Benefit. The council and all relevant authorities were aware of her case pending a decision and allowed us to claim Housing Benefit, as well as Tax Credits, temporarily. How will her 'no recourse to public funds' ruling affect these benefits?

We have an 18 month old son (who is also British) and I am on minimum wage. We were homeless when my son was 3 months old before finding this place because I just could not find a job and he was unplanned, and we are terrified we will be unable to cope should Housing Benefit be slashed or, heaven forbid, taken from us altogether.

I am in receipt of Working Tax Credits, Child Benefit and Child Tax Credits and I am pretty sure these will not be affected (until my wife starts earning money, at least) as my wife's name is only included to calculate our 'total household income' and these are all under mine and my son's name, both British citizens with full entitlement to them.

My main problem is Housing Benefit, where they calculate the amount we receive based on us being 'a couple with a child.' As my wife has no recourse to public funds, will we now be technically considered as just 'one parent and a child,' ignoring my wife altogether and slashing our entitlement? This is where I also scratch my head - we are legally married and she is legally in the UK... surely the same rules apply as before? Or no?

Any advice would be greatly appreciated.

[Casa]

I believe that Housing Benefit is calculated on the number of bedrooms required. In which case you would be awarded the same benefit as a single person with one child as you would as a couple with one child. |Fellow moderators Amber and John are more knowledgeable on claiming benefits
"Person with no recourse to public funds
If a person is classified as a person from abroad:
they cannot be the claimant for LHA
they are counted as a member of the household when working out how many bedrooms are allowed under the size criteria."

[mrL]

Thank you Casa.

I'm currently awaiting a call-back from the Home Office in regards to this matter, and in the meantime, panic mode is off as googling your quote has brought up results which seem to indicate we will be okay. Of course I'm going to remain on the cautionary side until I get verbal confirmation from the HO and my local council.

Many thanks for your response.

[mrL]

For anyone watching this thread, I've spoken to the Home Office and they confirmed that Housing Benefit will not be affected as my son and I are entitled to it, and my wife will only be included in order to calculate how many rooms are required for the household.

Thanks.

[Casa]

That was my understanding. Thanks for confirming and letting us know, it's helpful for others.

[Amber]

Although you are correct that the maximum LHA available will be the same for a couple with a child as a single person with a child. However, the housing benefit may differ. This is because the applicable amounts are different for a couple and lone parent. This may mean that you are entitled to less housing benefit subject to household income. The LHA doesn't let you know what Housing Beneit you're entitled to, rather it tells you the maximum entitlement. The maximum entitlement is only automatic where one receives a qualifying means tested benefit such as Income Support. Otherwise, a calculation will take place based on applicable amounts.