What type of benefits can we receive

[guysl80]

Dear all,

I am on unmarried partner visa and my partner has IRL and she will be entitled to apply for Naturalization nexy year (June 2013). I am entitled to apply for ILR(after March 2012).

My partner is currently unemployed. She is pregnant 3 months now. She used to work as a Manager and getting around £20,000. But unfortunately she quit the job and right now unemployed.

We are presently renting a room but planning to move into 1 bed room flat soon.

Since I my job income is not sufficient(I am presently looking for a 2nd job) to cover the rent and other expenses we would like to know what kind of benefit my partner can apply as I assume I have no right to apply for public funds.

1) Can she get some housing benefit as we really need to move into a 1 one bed flat and can not stay in a shared house?

2) What other benefits can she apply?

3) Where should be go for to get some good advice? Council/job center/Citizen advice bureau.

Many thanks in advance

[Greenie]

How old are you both?
When did she quit her job and why?
How much do you earn?
Is she currently looking for work?

[guysl80]

Hi,

I am 31 and she is 32. She quit the job on August.
I am earning roughly £950 per month.
She will contact job center plus for help and find if she is entitled for job seekers allowance.
Only reason she looks for this kind of help as she is having hard time in her early pregnancy and many places reluctant to give her work.

** We are currently renting a Large Double room and rent is £650pcm.
But its time to move into at least 1 bedroom flat and get ready for the baby.

I will not be able to afford the rent+bills so that is why we need some help.

We just need some help for about one year as once the baby is born she will resume work.

Thanks

How old are you both?
When did she quit her job and why?
How much do you earn?
Is she currently looking for work?

[Greenie]

She would not be entitled to income based job seekers allowance because your Earnings are too high. She may be entitled to contribution based jsa depending on whether she has made enough national insurance contributions however there may be an issue if she is voluntarily unemployed. Once she is 6 months pregnant she may be entitled to maternity allowance if she is still not working. This can only be claimed for a maximum of 39 weeks.

You may be entitled to working tax credit, the claim has to be made in joint names. When the child is born you would be able to claim child tax credits. Making such claims is not considered to be recourse to public funds under the immigration rules so is fine in terms of your immigration status.

Housing benefit is slightly different. Your partner can only claim this at the rate for a single person and not at the couples rate because to do to would be recourse to public funds and a breach of the conditions of your leave. your income would still need to be taken into account however. A single person under 35 can only claim housing benefit at the rate for a room in a shared house. This does not mean she can't live in a one bed roomed property however she would only be entitled to the rate for a shared room. Whether she would be entitled to housing benefit and how much depends on the local housing allowance in your area. She would need to be very clear about your immigration status and the fact you don't have recourse to public funds when making the claim.

I would suggest she contacts citizens advice for advice to get a rough idea of her entitlements.

[guysl80]

Hi,

Many thanks for a such a detailed answer.

1) I started working full time from March 2012. So can i apply for working tax credit with my partner?

2) The reason my partner can only get housing benefit as room basis rather than the property(1 bed flat - where only me and my partner going to live with a joint tenancy agreement) due to my VISA STATUS?

3) Any other income support she can receive from the government?

4) If she get benefit as per room basis still do we have to pay council tax for 1 bed flat?

Many Thanks

She would not be entitled to income based job seekers allowance because your Earnings are too high. She may be entitled to contribution based jsa depending on whether she has made enough national insurance contributions however there may be an issue if she is voluntarily unemployed. Once she is 6 months pregnant she may be entitled to maternity allowance if she is still not working. This can only be claimed for a maximum of 39 weeks.

You may be entitled to working tax credit, the claim has to be made in joint names. When the child is born you would be able to claim child tax credits. Making such claims is not considered to be recourse to public funds under the immigration rules so is fine in terms of your immigration status.

Housing benefit is slightly different. Your partner can only claim this at the rate for a single person and not at the couples rate because to do to would be recourse to public funds and a breach of the conditions of your leave. your income would still need to be taken into account however. A single person under 35 can only claim housing benefit at the rate for a room in a shared house. This does not mean she can't live in a one bed roomed property however she would only be entitled to the rate for a shared room. Whether she would be entitled to housing benefit and how much depends on the local housing allowance in your area. She would need to be very clear about your immigration status and the fact you don't have recourse to public funds when making the claim.

I would suggest she contacts citizens advice for advice to get a rough idea of her entitlements.

[Greenie]

1)yes
2) yes she can claim public funds but she can't claim additional public funds due to you living with her due to your immigration status
3) not whilst she is still able to work. She may be able to claim a one off pregnancy grant. She needs to seek advice as discussed.
4) yes but she may be entitled to council tax benefit.

[guysl80]

Thank you very much for the responses Sir.

1) We spoke to the jobcenter plus and she will be having an interview soon.
If she genuinely cannot work what will happen. I myself tried finding at least part time work for her and telling the employer my partners pregnancy and never received any positive feedback.

She does not mind working full time as due to her experience and qualifications she can go into a better paid job(before she quit she was receiving 20k per annum plus bonus.

Cheers

1)yes
2) yes she can claim public funds but she can't claim additional public funds due to you living with her due to your immigration status
3) not whilst she is still able to work. She may be able to claim a one off pregnancy grant. She needs to seek advice as discussed.
4) yes but she may be entitled to council tax benefit.