Immigration status and Benefits - If your partner has a different immigration status

If you are not a person subject to immigration control, but your partner (who you live with) is a person subject to immigration control, the way this affects your benefits differs depending on the specific benefit.  

If you do not know your partner’s immigration status you need to get immigration advice before you claim any benefits that could include an amount for them. 

Universal Credit 

If you live with a partner you have to make a joint claim, and therefore the  requirement to be not a person subject to immigration control applies to both partners.  If you are not a person subject to immigration control but your partner is, Universal Credit is paid to you as a single person, but your partner’s income and capital are still taken into account.  

If your partner’s leave is subject to a 'no recourse to public funds' restriction, in most cases your claim for Universal Credit will not breach this condition. However, you should seek specialist immigration advice before making a claim if you and your partner are joint tenants and you would receive a greater amount of the housing costs element due to the presence of your partner (for example if you and your partner are joint tenants with one or more other joint tenants) because this might be considered to breach their ‘No Recourse to Public Funds' condition and put their current or future right to remain in the UK at risk.   

Pension Credit 

If your partner is a person subject to immigration control they are treated as not being a part of your household for Pension Credit. This means you are paid as a single person and your partner’s income and capital do not affect your claim. However, you may not get the Severe Disability Additional Amount, if you would otherwise be eligible for it, because your partner may be counted as ‘normally living with you’ for this purpose. 

Housing Benefit 

If your partner is a person subject to immigration control, they are still included in your claim.  The amount of housing benefit is therefore calculated based on a couple rate of the personal allowance and of any premiums either of you qualify for.  Also, your partner’s income and capital is taken into account.  If your partner’s leave is subject to a 'No Recourse to Public Funds' condition then your housing benefit claim could breach that condition and put their current or future right to remain in the UK at risk. Get specialist immigration advice before claiming. 

There is an exception for couples if you have reached pension age and your partner is below pension age and is defined as a person subject to immigration control.  In this case, you can make a claim for housing benefit as a single person (as your partner’s immigration status prevents you making a joint claim for universal credit).  In this case, your partner's income and capital are not taken into account. 

Council tax support 

If your partner is a person subject to immigration control, for the purpose of your council tax liability, they are still counted as an adult living with you. This means you will not get a single person reduction in your council tax bill. If you claim council tax support your partner is included in your claim. Also, your partner’s income and capital is taken into account. If your partner’s leave is subject to a 'No Recourse to Public Funds' condition then your council tax support claim could breach that condition and put their current or future right to remain in the UK at risk. Get specialist immigration advice before claiming. 

Income Support; Income-based Jobseeker's Allowance (JSA) and income-related Employment and Support Allowance (ESA)  

It is no longer possible to make a new claim for income support, income-related ESA or income-based JSA.  If you are already receiving one of these benefits and your partner is subject to immigration control, they are included in your claim, but you are only paid the personal allowance at the single rate. Your partner’s work, income and capital are taken into account. If you qualify for premiums, these are paid at the couple rate. If your partner’s leave is subject to a 'No Recourse to Public Funds' condition, receiving a couple rate of a premium could breach that condition and put their current or future right to remain in the UK at risk.  Get specialist immigration advice before claiming a benefit that would result in a premium being paid in your income support, income based JSA or income related ESA. 

Tax Credits 

It is no longer possible to make a new claim for tax credits (except if you are a refugee claiming this for a past period). 

If you are already receiving tax credits and your partner is a person subject to immigration control, they are treated as if they were not for the purpose of the joint tax credit claim. Unless you or your partner are responsible for a child, your Working Tax Credit will not include a couple element. The other aspects of the calculation are unaffected.  

If your partner’s leave is subject to a 'No Recourse to Public Funds' condition, receiving tax credits based on a joint claim as above is not regarded as breaching this condition.   

Non- means tested Benefits 

Your entitlement to non- means tested  benefits, such as Personal Independence Payment (PIP) is not affected by your partner’s immigration status.