Claiming UC and Council Tax Reduction

[JJab65]

Hello,

My wife recently acquired FLR (M) visa status granting her a 2 and half year visa. I'm wondering whether it is safe/aloud for me to claim Universal Credit, and Council Tax reduction? I'm concerned that in doing so, it could jeopardize our future application for the visa extension the next time around.

Currently we're renting accommodation - a 1 bedroom flat. I'm 34 years old.

[JJab65]

Forgot to mention, the tenancy agreement for the flat is a joint tenancy in both our names.

From reading what other advice has been given, I can see that this itself could be an issue, and that being over 35 would solve the problem? basically I'll turn 35 in around 4 months. Would it be safer to wait till then to make a claim?

I understand that Universal Credit basically combines everything together so it is the old Working Tax Credits, Housing Benefits, and other bits combined.

Therefore, it's not like you can pick and choose which element you want, is it? i.e. if the housing benefit element is risky as we're on a joint tenancy, could I just apply for the WTC element?

Additionally, is Council Tax reduction safe to claim or is the joint tenancy still going to be an issue.

Many thanks for your help!

[Amber]

Tax credits are ‘legacy benefits’ for which you cannot make a new claim.

You can claim UC now and not add your housing costs, then add your housing costs when you turn 35.

The reason I suggest waiting is that a single person, privately renting (I assume that’s the case), is only entitled to a shared bedroom rate when under 35, as opposed to a one bedroom rate when part of a couple or over 35. However, if you have dependent children, then you’d be exempt from the shared bedroom rate for being under 35. It’s more precautionary rather than Home Office guidance (lack therefore).

So you options are:

Change tenancy into your name only.
Claim UC without housing costs until over 35.
Claim UC with housing costs if you are under 35 and have dependent children.
Claim UC with housing costs if you are under 35, without dependent children, and can have a shared accommodation rate paid in respect of you.

My overall opinion, would be change the tenancy into your name only as as your partner’s share of the rent is used to calculate the housing element of Universal Credit, this might be considered as recourse to public funds, which could affect their right to remain in the UK.

[JJab65]

Many thanks Amber for your informative response. It could be a good option then to see if they can change the Tenancy agreement to be in my name only.

Do you know about Council Tax Reduction? I know that is not part of universal credit, but do you think again if the Tenancy Agreement is in both our names then this could be seen as her also being entitled to receive the benefit?

Thank you

[Amber]

No, Council Tax Reduction does not relate to housing costs, you must have a couple claim but only be paid based on a single person applicable amount in the calculation.

[JJab65]

If it's too difficult to change the tenancy agreement to single person rather than a joint tenancy, and I will turn 35 in 4 months anyway, would it be fine to wait until I'm 35 and then claim UC's with housing benefit element?

Also, I understand what you said Amber with regards to my partner's share of the rent being used to calculate the housing portion... I wonder also if it is a simple matter of saying I pay all the rent when we make the claim?

Thanks Amber!

I'm also trying to find out about Council Tax reduction. From what I can tell this might be risky, as the claim is made based not on a 'single occupancy', but rather a double as its me living there with my partner, which could be seen as 'recourse to public funds'. Correct?

[Amber]

If it's too difficult to change the tenancy agreement to single person rather than a joint tenancy, and I will turn 35 in 4 months anyway, would it be fine to wait until I'm 35 and then claim UC's with housing benefit element?

Also, I understand what you said Amber with regards to my partner's share of the rent being used to calculate the housing portion... I wonder also if it is a simple matter of saying I pay all the rent when we make the claim?

Thanks Amber!

I'm also trying to find out about Council Tax reduction. From what I can tell this might be risky, as the claim is made based not on a 'single occupancy', but rather a double as its me living there with my partner, which could be seen as 'recourse to public funds'. Correct?

Correct re: CTR. It’s entirely your choice re : housing costs.