Is Housing Benefit Effected With a Visa Applicant

acharris

Hi all, need some advice. My dad is on State Pension and Pension Credit and claiming HB and Council tax help as he got it all completed by before the deadline of the changes back in May. I stay with my parents as i am his carer and I claim Carer Allowance.

I am in the process of going to make a visa application with my Fiance who lives in the US. We are starting out by staying with my parents till we get married and take it from there. I know I have been ignored on their claim for HB and council tax help, but I was wondering if having her living her will effect the entitlement. She has no income or savings due to her having health issues, so no extra money coming in to the house.

I was wondering if her staying will effect my parents claim? Thanks in advance for advice.

Anthony

calcotti

As you say you get Carer’s Allowance I assume that your father gets DLA, PIP or Attendance Allowance. In that case there are no non-dependant deductions applicable and therefore your parents benefits will not be affected by your fianc! coming to live with them.

TELLIT01

Not in response to the question, which has been answered. Hopefully you have investigated what access your fiancee will have to medical treatment as a foreign national. Not asking you to respond, just highlighting something you may not have thought about.

acharris

Thanks for the response. Yes Calcotti he is on PIP, both daily living and mobility.

Tellit01 - We are applying for a fiance visa first, getting married and then going for the spouse visa and paying the NHS immigration charge as part of the application. We have looked into all and know what is required.

Thanks again all.

Mojisola

acharris wrote: »

Tellit01 - We are applying for a fiance visa first, getting married and then going for the spouse visa and paying the NHS immigration charge as part of the application. We have looked into all and know what is required.

If you're on CA, will you meet the income requirements?

I've got a relative going through this, although they are further on than you.

acharris

Mojisola wrote: »

If you're on CA, will you meet the income requirements?

I've got a relative going through this, although they are further on than you.

Thanks for that. I know meet the financial requirement, but I am worried about the adequate maintenance part. I am claiming careers and the carer element of Universal credit, but it only comes to £114.25 a week and I have had conflicting information that I will be ok and I am not earning enough. I don’t work atm

Do you know if that is enough as finding information is very conflicting and confusing. Thanks for any help you can give.

Thanks again

Mojisola

https://www.gov.uk/uk-family-visa/proof-income
"You and your partner must have a combined income of at least £18,600 a year"

[Deleted User]

Mojisola wrote: »

https://www.gov.uk/uk-family-visa/proof-income
"You and your partner must have a combined income of at least £18,600 a year"

Not if the sponsor is in receipt of carers Allowance. They meet the other requirement of 'adequate maintenance'

Mojisola

_shel wrote: »

Not if the sponsor is in receipt of carers Allowance. They meet the other requirement of 'adequate maintenance'

Glad to hear there's special arrangements for carers. As my relatives were both working, they were able to comply with the combined income rule.

Sheepski

I have a fiance in the US too and have looked into the immigration rules to get him over here.

While I now work and meet the income requirements, I am also on PIP so can use adequate maintenance rules, which are as follows:

Income - (Rent + Council Tax) > £115pw

(the £115 being from the couples rates of any income-related benefit such as UC currently at £114.85 a week).

They basically want to know that you have at least the amount of money that the government would give you to live on. So the £115, plus housing benefit and the amount of council tax.

This income can be from any and all benefits you get but if your rent is more than they'd pay from HB that will make it more difficult. Remember she won't have access to public funds, though I was told that my benefits at the time would be increased to the couple's rates, but I wouldn't trust that as the DWP know very little about the immigration rules.

[Deleted User]

Sheepski wrote: »

I have a fiance in the US too and have looked into the immigration rules to get him over here.

While I now work and meet the income requirements, I am also on PIP so can use adequate maintenance rules, which are as follows:

Income - (Rent + Council Tax) > £115pw

(the £115 being from the couples rates of any income-related benefit such as UC currently at £114.85 a week).

They basically want to know that you have at least the amount of money that the government would give you to live on. So the £115, plus housing benefit and the amount of council tax.

This income can be from any and all benefits you get but if your rent is more than they'd pay from HB that will make it more difficult. Remember she won't have access to public funds, though I was told that my benefits at the time would be increased to the couple's rates, but I wouldn't trust that as the DWP know very little about the immigration rules.

Nope your benefits will not be increased as they are not entitled to public funds as you say. But they will be added to your claim, just no extra money given, and anything they earn deducted from the amount you receive.