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Housing benefit - couple where one person is a student

Dear all

I'm pregnant with our first baby. I am currently a full-time mature student and my partner works full time on a wage of £14,000pa. We receive working tax credits of roughly £20pw. I will be taking a year out of education (suspend my PhD for 12 months) when the baby is born to have a year's 'maternity leave'.

Can anyone please tell me if we are entitled to Housing Benefit? I know I, as a student, can't claim but was wondering if my partner could claim? The Housing Benefit details on-line mention that students may be able to claim if they have a child. If my partner cannot claim now, would we be able to claim once the baby arrives? I'm also not sure if, during my year's leave, I'll be classed as being a student or not and if this has any impact on benefit claims.

Finally, I receive a small maintenance scholarship that is paid quarterly from a research council. As this is tax free and seen as a 'charitable payment' it is not taken into account when calculating our working tax credit payments. Is this the case for housing benefit too or would my award be seen as income?

Any help would be greatly appreciated.

Thanks in advance,

Hannah

Comments

  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
    Surely you won't carry on receiving this award when you suspend your studies?
  • Surely you won't carry on receiving this award when you suspend your studies?

    I'll receive one 'good will' payment when the baby is born that is equal to two quarters (i.e. 6 months). The other 6 months I will not receive the payment.
  • pandaspot
    pandaspot Posts: 533 Forumite
    edited 6 March 2011 at 2:02PM
    yes you will be able to claim when the child is here

    your partner is allowed to claim according to the legislation now. your partner needs to be the main claimant and you the partner on the claim

    copy from guidance manual:

    If the claimant’s partner is a full-time student but the claimant is not

    • the claimant is eligible to claim HB and/or CTB for the couple. The student partner cannot
    make the claim. Although the student partner may be treated as not liable to make payments
    for a home, the non-student partner can be treated as liable. This allows the partner of a
    student to claim HB, even though the rent may be in the student partner’s name

    HB Reg 8
    • you will need to assess the financial resources of the student partner, referring to Regulations
    46-56 of the Council Tax Benefit Regulations, see Treatment of student loans later in this
    chapter
    HB Reg 58

    • the rules on the rent deduction and payments made to an educational establishment will
    apply in the same way as they would if the claimant was a student, see Accommodation
    rented from an educational establishment later in this chapter

    • the provisions on income will also apply


    http://www.dwp.gov.uk/docs/hbgm-c2-student-claims.pdf
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