Housing Benefit received as a couple, and partner ILR application

[aubajwa]

Hi,

Could anybody please advise what is the best way to put forward ILR application for my partner?

When I received housing benefit as a couple, our status was:

Myself and kids British citizen
Partner – Tier 1 dependent , no recourse to public funds

The housing authority awarded me as per ‘Local Housing Allowance Rates’ for 3 bed house (indicating in the letter that they calculated this on the basis of a couple living in the house).

However, when I checked at:
http://lha-direct.voa.gov.uk/bedroomcalculator.aspx
With only single person and 3 kids: I am still eligible for the 3 bed house allowance rate.

Will that be of any issue? Even though the benefit rate would be same(i.e. 3 bed allowance) , whether treated as a couple or as a single parent.

My partner age was above 35 yrs , when I received the benefit, would that be of any help ?

Please give advice, Do I need to indicate this on the ILR application?
(even though her presence did not actually increased the benefit amount I have received).

Regards

[cyclina1]

Ideally your partner has recourse the public fund because she was included in the housing benefit. In this case, you have to confirm with your local council that actually taken your partner out of the equation the housing benefit you receive would be the same as you apply with kids alone. If this is the case, you have the corner to fight.

I cannot recall the source now but there was news that Tier 2 couples (heart doctor) not knowingly claimed child benefit and they refunded the money to the council, but still refused the extension application. However, the boss fighted for them and factually they didn't earn any public fund into the pocket so the HO finally granted them the extension, and disregarded the history of recourse public fund.

So if your council told you actually you have got more benefit if your partner counted into the housing benefit application, you should refund the council the difference as soon as possible. So you have the corner to fight if touch wood that the history of recourse public fund make your partner refused ILR.

But everything is case by case, nevertheless, verify with the council is the key at this moment.