Can Cont Based ESA be used towards the financial requirement still?

[yellowcloud]

I am a bit worried as when we submitted the Fiance Visa application (pre July 9th) I have used my Cont Based ESA as a souse of meeting the financial requirement as in that I can use that to support my Fiance.

Income from the following sources will not be counted towards the financial
requirement: Information On Claiming Public Funds. PG 44

Contribution based ESA

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/soi-fam-mig.pdf

But on here

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/cross-cut/public-funds/funds.pdf?view=Binary

Page 9 of 57

Cont ESA is not considered as public funds.

So I am worried that I can not use my ESA COnt towards the financial requirement? I am trying to find out if Contribution BASED ESA was for certain allowed to be used to meet the maintenance requirement before July 9th so that I know I am still ok?

[yellowcloud]

Any takers? :Help1:

[joebloggs]

your talking about 2 different things, public funds and a financial requirement.
if you have £106wk after rent, council tax and loans you should be ok regarding this part.

some people on benefits have managed to get their partner a settlement visa,

you should stop worrying, you've applied and there is nothing else you can do but wait..

[yellowcloud]

Thank you Joe. It just got me thinking about how DLA can be relied on as in the case law

MK (Adequacy of maintenance, disabled sponsor) Somalia [2007] UKAIT 00028 (13 March 2007)

But I couldn't find anything that stated Contribution based ESA could be also. Other than it not being a public fund, which begs the question as to why an applicant now can not use it as Financial Support under the new rules as it is still not a Public Fund even under the new rules.

[yellowcloud]

Joe, yes it was just that my lawyer wrote on her letter in reference to my contribution based ESA


The benefit is not a public fund for the purposes of the Immigration Rules under S 6 and therefore reliance on this benefit is permissible

and I was just wondering if that is actually true that I can rely on it to support my Fiance :cwm3:

[joebloggs]

your a British citizen you have a right to claim what ever benefits or public funds your entitled to,it's your partner that cannot claim public funds until she has at least ILR.

[yellowcloud]

Thanks Joe, your right. But what I was wondering is IF I am allowed to use my Contribution based ESA as part o:Erm:f the application to support my Fiance?