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Top Housing Benefit & Council Tax Benefit topic #7761

Subject: "Couple with different immigration status" First topic | Last topic
Dave Coughlan
                              

Benefits Adviser, Springfield Hospital, London
Member since
22nd Jan 2004

Couple with different immigration status
Mon 23-Feb-09 03:21 PM

Hope someone can help with this as I'm confused and our client has received lots of conflicting advice. He is a British Citizen, receiving IS. He married a Pakistani woman and she moved in with him. She has applied for ILR but received no decision yet, so as far as I know is a PSIC and has no recourse etc. The problem is I have read conflicting advice on whether a HB claim can be made. Any advice would be very welcome as I do not deal with immigration very often. (Both clients have severe Mental Health problems and obtaining info can be very difficult).

  

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Replies to this topic
RE: Couple with different immigration status, stainsby, 23rd Feb 2009, #1
RE: Couple with different immigration status, nick nicolson, 26th Feb 2009, #2
      RE: Couple with different immigration status, stainsby, 26th Feb 2009, #3

stainsby
                              

Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London
Member since
22nd Jan 2004

RE: Couple with different immigration status
Mon 23-Feb-09 04:46 PM

He will continue to receive IS at the single person rate, but he needs to claim HB

He will get full HB as he is getting IS, but she will need to apply for a National insurance number and provide sufficient information for one to be allocated.

This is best done via the local authority adminsitering the HB.

Her partners entitlement to HB ought not to affect her application for ILR as her presence as his partner has not increased the amount of public funds expended on his behalf

  

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nick nicolson
                              

homelessness officer, southampton city council
Member since
11th Mar 2008

RE: Couple with different immigration status
Thu 26-Feb-09 03:04 PM

had a similar case but where the wife was an overstayer and therefore not legaly in the UK... she could never get an National Insurance number.... all HB has been withdrawn from him (a UK national) permanently.

  

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stainsby
                              

Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London
Member since
22nd Jan 2004

RE: Couple with different immigration status
Thu 26-Feb-09 06:05 PM

I would appeal that decision. Have a look at CH/4085/2007

  

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Top Housing Benefit & Council Tax Benefit topic #7761First topic | Last topic