Joint tenancy with nrpf partner LHA

[Gino68]

Hi. I am a British citizen. My partner is Kenyan and No Recourse to Public Funds. Our current tenancy is in my name only. I receive Universal Credit (and PIP). My housing element is based on the full rent and I receive the two bedroom rate because my disability prevents me from sharing a room with my partner. She is added to my claim as a non eligible partner. The DWP inform me that getting the two bed rate doesn't breach her NRPF (no idea why not but we informed them of her status and that's what they say). She is a permitted resident with permission from landlord but not on the contract which was signed before she came
We are thinking of moving. Likely a new landlord would offer a joint tenancy. My research led to three possible answers as to the consequences.
1 The LHA for a joint tenancy would be calculated on half of the rent (as I'm the only eligible partner). This would reduce our LHA entitlement.
2 The LHA would be calculated on the full rent because both of us are jointly liable for the full amount. However any LHA claim would breach my wife's NRPF
3 The LHA would be calculated on the full rent but my claim for it would not breach her NRPF.
In case 1. we lose £275 a month. In case 2. We risk my wife's deportation. In case 3. Everything is unchanged. Can you advise please? If it makes a difference my wife will be starting a job soon which will reduce my UC but I would still have some entitlement (except possibly in case 1 because my entitlement would be £275 a month less) If I have to consult a specialist advisor where can I find one? I'm in the Barnsley area. Thanks

[Amber]

In terms of a Joint Tenancy, this isn't a breach of the NRPF restriction because the amount of UC hasn't been increased due to the presence of the partner. Each joint tenant is liable for the whole amount - not half of it. Joint tenants are 'jointly and severally liable' for the whole amount - it’s not separate liability. So apportioning the whole rent amount as the liable amount is not a breach because the NRPF partner hasn't played any part in increasing it - the client is liable for the full amount anyway

With regard an additional bedroom entitlement due to you not being able to share a room with your partner, that may be a breach, potentially, if you are paid more UC due to your partner’s presence ie you wouldn’t be entitled to the extra bedroom LHA amount but for your partner’s presence, unless for example, an additional bedroom could be awarded because you require regular overnight care from someone who isn’t a member of your household and you receive a qualifying disability benefit- eg daily living PIP.

Depending on your partner’s circumstances they may want to request that the NRPF restrictions are removed.