Effect of claiming benefits to ILR application

[ndtaylor25]

Hello there,
I came here in UK Jan 2009 on student visa, had few extensions then got married and had spouse visa, but then when I was extending it last year we didn't meet the financial requirements, so been granted a family visa instead. So currently I am on 10 year route family visa.
Now my concerns are:
1.) Am I right to believe that on the 2019 (my 10th year) here in UK, I can actually apply for Indefinite Leave to Remain (ILR)? Bearing in mind that since 2009 I am here in UK legally (though with different kinds of visa). and
2.) If my husband being a naturalized born British citizen, claims housing benefits, child tax credit and child benefit on his name alone, how will that affect my ILR application in the future. Is he actually allowed to claim benefits being married to me? We have two year old son that's why we are struggling at the moment as only one of us can afford to work full time and that is me, as one of us needs to stay with our son.
Many thanks, and looking forward to hearing from you guys.

[CR001]

1. Yes. Please ask ILR questions in the ILR sub forum.

2. Child tax credits MUST be claimed in JOINT names with you. If he is claiming it in his name only, this will be a problem. Child benefit in your spouse name ONLY. Housing Benefit only as single + child rate but your income will be taken into account for amount entitled to. No effect on ILR provided benefits are being claimed as stated above.