Housing Benefit for a BC and non-BC with a dependent

[Jay_B]

Dear John,

I would be hugely appreciative of any help you could offer regarding my current situation as there seem to be (from speaking to different people) unclear answers. I have been looking through public funds legislation and trying to do my best to understand what I can and cannot claim through a joint partnership (not married).

My situation is this;

I am a British Citizen and am now in a relationship with an American girl who is in this country working for one of the USAF bases in the area. She is not military but has come over here to live and work and is currently on a visitor's visa. She is in the process of being sponsored by her work place and will obtain a Tier 2 Visa. As she works on US economy on the base and is paid in $ we are told by various officials that it is not a breach as it is an American economy on UK soil. We are looking to move in together and unfortunately I have been unable to get work in the area. We need to get a place pretty soon as where we are at the moment isn't suitable but I do not want any breach in terms of public funds being allocated.

I guess I wanted to ask about what benefits I would be entitled to/or allowed to claim as some benefits are considered a joint claim, albeit administrative paperwork or income based. My priority is gaining access to housing fund/benefit to help us out initially whilst I am looking for work but it's not quite as black and white as I had hoped. I have found out that

housing associations are different to housing authorities

and that

if applied to without being referred from a local authority or housing authority you must not consider this as claiming public funds

There was also this

A British Citizen... 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

again claiming

As it is not the person subject to immigration control making the claim they must not be considered to be claiming public funds

Just to add to the mix, she has a child and the child is not mine. Therefore, I would assume that with housing we would require a 2 bed place. But because of the fact that the child isn't mine and in fact hers, would it breach the public fund issue because we are requiring a larger house due to her dependent?

I hope you can clear up some of these issues, I'd be very thankful!

[Greenie]

Well the first issue is that visitors are not permitted to work in the UK so she is in breach of the conditions of her visit visa. She is putting her chances of obtaining a working visa at risk by working here illegally. Tier 1 visas are not sponsored visas so i can only assume you mean tier 2, however she would need to apply for this from outside the UK. You would only be able to claim housing benefit as a single person as your girlfriend and her child would have no recourse to public funds however her income would be included as part of your household income to assess your entitlement.

[Jay_B]

Greenie,

She is working for the US Government on UK soil and is being paid by the US government. She earns in $ and not in £'s on an American economy. The Visa thing isn't really an issue as we have spoke to a number of people on base and it happens all the time. Even UKBA weren't aware of her being able to do what she is through the US government.

My priority right now is trying to get a place together but like I say, I do not want to breach recourse of public funds. I am just trying to establish that if I can get a 2 bedroom place through the housing association and what benefits I would be entitled to as the claim asks about joint/partners etc.

EDIT: And you were right, a tier 2 visa.

[Greenie]

I have answered your question. You can only claim the rate of housing benefit as a single person. It doesn't matter who she is working for or in what currency she isadgmg paid, visitors can't work in the UK.

[Jay_B]

Just so I'm clear here?

I can apply through the local authority for myself and she could live there with me, however, I'd likely be allocated a one bed place which is smaller than needed because of her daughter?

Also, I'd only be allocated a house on the basis of what I need and would get HB for single person but would still be assessed alongside her income?

Would we be entitled to claim anything in joint name that isn't considered a recourse to public funds?