Some benefits have special rules for couples where one member of the couple has an immigration or residence status that means they can't claim benefits in their own right. 

The notes below include special instructions to follow when using the calculator for couples where one member is eligible and the other is not.

Claiming Universal Credit

Both members of a couple are normally expected to claim Universal Credit (UC) together. They each have their own online account, and the two claims are then linked together for calculation purposes. However, if one of the couple is ineligible because of their immigration or residence status, the partner who is eligible for UC can claim it as a single person.

In this case, the rate of UC will take no account of the other partner. There will be a single person’s basic standard amount and there will be no additional amounts if, for example, the non-eligible partner is a carer or is unfit for work. However, the non-eligible partner’s income and capital is still taken into account in the normal way.

When you go through the calculator, answer the questions as if the eligible partner is single but include any of the non-eligible partner’s income and capital as if it belonged to the eligible claimant.

Claiming Pension Credit

If one member of the couple is a person subject to immigration control, that partner is completely ignored in the Pension Credit (PC) calculation. The rate of PC will be the rate for a single person, and the non-eligible partner’s income and capital is not counted either.

When you go through the calculator you should answer the questions as if the eligible partner is a single claimant in all respects.

Claiming Housing Benefit

Housing Benefit (HB) is claimed by one person, and that individual is the one who must satisfy the immigration status and habitual residence requirements. As long as the HB claimant is personally eligible to claim, their partner’s immigration or residence status does not affect the calculation at all – they have a normal couple’s HB assessment.

If this results in them getting more HB than would have been paid to the eligible partner as a single person it might count against the non-eligible partner when they apply to extend their leave in the UK.

Couples where one member is on a time limited visa with no recourse to public funds should get advice before going ahead with an HB claim as this is a complicated situation.

From 27 January 2021, a new claim for HB may only be made by:

• Pensioners (including couples where both members of the couple have reached pension age), and
• People of any age living in supported accommodation or temporary accommodation for homeless families

Working age people who need help with housing costs for general needs rented accommodation can only claim Universal Credit.

Claiming Council Tax Reduction

For working age Council Tax payers, the Welsh government, Scottish government and individual local authorities in England make their own local rules on how support with Council Tax is calculated as explained in the Council Tax Reduction help page. 

There are some national rules that must be included in every local scheme, and there is a single nation-wide scheme for pensioners.

The rules for couples with different immigration/residence statuses are included in the required rules for working age people, and the same rules apply to pensioners.

In all Council Tax Reduction (CTR) schemes, the rules are the same as for Housing Benefit: one member of the couple makes the claim for CTR and the partner’s immigration/residence status does not affect the calculation at all – it is a normal couple assessment in all cases. 

CTR counts as public funds, so as in a Housing Benefit case we recommend consulting an adviser before claiming CTR if including the non-eligible partner in the calculation means the couple get more CTR.

Claiming Tax Credits

Couples must normally claim Tax Credits jointly. If one member of a couple is a person subject to immigration control and the other is not, they may still claim Tax Credits jointly, although the rate they receive does not include the additional element for couples.

Both partners must also satisfy a residence test. If only one member of the couple satisfies the residence test, that person may be entitled to Tax Credits as a single person. For the purpose of Child Tax Credit, the residence test includes the requirement to have a right to reside, but this does not apply to a claim for Working Tax Credit only.

When using the calculator on this site for a couple, one of whom fails the right to reside test you should:

• Include both partners’ details if you want to know about entitlement to Working Tax Credit only
• If you want to know about Working Tax Credit and Child Tax Credit, or Child Tax Credit only, do not include details for the partner who fails the right to reside test.

As of 27 January 2021 it is no longer possible to make a completely new Tax Credit claim (with a very small number of extremely rare exceptions). The only means-tested benefits that working age people may claim are Universal Credit and, for certain types of accommodation, Housing Benefit. However, people with a current tax credit award may still make a renewal claim each year.

Claiming Income Support, income-based Jobseekers Allowance or income-related Employment and Support Allowance

From 27 January 2021 it is no longer possible to make a new claim for any of these benefits (with a very small number of extremely rare exceptions). The only means-tested benefits that working age people may claim are Universal Credit and, for certain types of accommodation, Housing Benefit.

Briefly, Income Support, income-based Jobseekers Allowance and income-related Employment and Support Allowance are claimed by one person who “owns” the claim, but if they have a partner who is a person subject to immigration control they only receive a single person’s rate of benefit.  Any income or capital belonging to the partner is still counted.

This makes it impossible to receive more benefit as a result of the non-eligible partner being present in the household and so that partner should not be penalised when applying to extend their leave to remain in the UK. It is recommended to get advice if in this situation.

Claiming other benefits

All other benefits, including contribution based benefits such as new-style Employment and Support Allowance, and non-contributory benefits such as Child Benefit, Personal Independence Payment and Carers Allowance, are awarded to an individual claimant who must personally satisfy the entitlement conditions, including immigration/residence requirements.

Whether the claimant has a partner and, if so, the partner’s immigration/residence status have no effect on these benefits.