Council's Reply on HB Query.. Casa CR001 Please advice.

[zzzindagi]

Helloo,

May i request to the experienced members and moderators i.e Casa and CR001 to advice me on the following issue.

When i requested my council to exclude my partner from the HB this is what they replied via email.

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Dear Mr. *******,

Thank you for your email below in which you have asked for your partner to be excluded from the applicable amount because she has no recourse to public funds.

For Housing Benefit purposes if the claimant has a partner living in the same household who is subject to immigration control, the eligible member can apply for both of them and the personal allowance for a couple is awarded in full (HB Guidance Manual paragraph C4.218).

However, this does not mean that it is safe to claim because the increased award is treated as ‘recourse to public funds’ and the local authority may notify the Home Office even though they are not obliged to do so.

We will advice you to get good immigration advice about the possible consequences on your partners application for leave should you decide to claim Housing Benefit.

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I would be really grateful if someone can advice me the best course of action now. It seems like council want me to claim the housing benefit at my own risk. Either claim the benefit or not. I am getting more than £300 every month and i don't want to lose the whole amount.

[Casa]

The Council should award you a single person's HB, although joint income will be used for the calculation.

[zzzindagi]

The Council should award you a single person's HB, although joint income will be used for the calculation.

This is what i had written to them to exclude my wife and apply lone parent/single parent amount. The above is the reply to my email.

Previous Communication:
I had previously sent them email asking whether they applied single rate of double rate and also informed them that my wife has no recourse to public funds.

The following was the reply of my previous email.
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The applicable amount is a figure set by the government on how much you and your family need to live on each week and made up of three main parts, these are:
* An amount for you and your partner - your personal allowance.
* An amount for any Dependent children - your children's personal allowance.
* A premium - an element which you may qualify for to cover any special needs which you have.
The personal allowance on your claim is for a couple and not for a single person.
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In response to the above reply, i had sent them another email. Clearly requesting them to exclude my wife from the claim.

On the top of this thread is the latest reply from the Council to my request of excluding my wife from the claim.

After the above reply from them what new thing i can write to them to get my wife excluded from the claim or is there any other option part from cancelling the whole claim please. ?

[zzzindagi]

Can someone please give me advice. What should i do when council refuse to apply single parent amount.
Should i contact MP or other councils to ask what is the right procedure when one person in the family has no recourse to public funds.?

[tmonaghan]

The council is not refusing to apply single parent amount because you are a married couple. Therefore living together in the same household. There is no mention on whether your spouse worked. What is the nationality of both of you?

[zzzindagi]

We are 4 people in the family.

Myself British National
2 Children British National
Spouse Pakistani National.

My wife does not work. I had to put her details in the form because they asked for it. I mentioned in the form that my wife has no recourse to public funds. When i sent them another email requesting them to exclude my wife. The above is the reply from council. In that reply the following line is notable.

However, this does not mean that it is safe to claim because the increased award is treated as ‘recourse to public funds’ and the local authority may notify the Home Office even though they are not obliged to do so.

We will advice you to get good immigration advice about the possible consequences on your partners application for leave should you decide to claim Housing Benefit.