Public Fund

[flomike]

There's a new filipina in our area (they moved here from Hull) whose on a workpermit visa her husband and 3 children are here now too. Unfortunately, her husband became ill (diagnosed of cancer) so for the whole year he's been in and out of hospital.

She managed to get a help from cancer research (they get £500/month) as a financial help. Then the husband's doctor told her to get a disability allowance but the wife said we're not entitled to public fund (which is true) her doctor said to be sure go to CAB to ask. She went there a week ago and ask if she can claim a disability allowance for her husband the CAB said YES. So, they file an application form for disability allowance and approve right now he is on disability allowance of £68/week plus the £500/month from cancer research.

Although she's worried that what if the HO find out that she's claiming disability allowance I know she needs that help as she's the only one working and paying all the bills and having 3 children here too.

Do you think her ILR in the future will get affected? That's her worries right now although she said she is not the one claiming it, its her husband on a dependant visa. I am just confused I thought CAB knows that people on a workpermit visa or spouse visa has no recourse to public fund or may be its a case to case basis?

[macaco]

Well, my thoughts are: Of course CAB will request a copy of your husband's passport and they will see it in there no recourse to public funds. I would think of them as professionals that if that is not allowed to be granted they would tell you. See them again or give them a call to clarify this issue to give you piece of mind.

with regards to your application, then you will have to show them you and your husband are able to support yourselves and your children.

[andypaul]

The CAB will only advise within the rules and laws of the UK.

Be careful as sometimes people manage to claim but then once the goverment agency involved catches up with them they will (remeber all Goverment departments in the next few years at least will be having to show savings due to the big hand outs to the Banks) get chased for the money and possibly be dealt with by a court if they cant or wont give back the money.

[KeithD]

Best thing to do is call the IND but don't tell them who you are.

[joebloggs]

i'm sure you need ILR to claim disability allowance and not be subject to immigration control.

http://ukba.homeoffice.gov.uk/ukresi...s/publicfunds/

there are exceptions for some benefits thou, so it might be worth checking so CAB could be right, i doubt it, but then many who work at CAB are not immigration experts

a call to the local law centre might help, but i think they should not be claiming it, and they could get their application for ILR refused, maybe they could pay it back..

and not mentioning it on their ILR app, is fraud - i would have thought it could be easily checked N/I number?, and may well get them a long ban from coming back to the uk.

[flomike]

according to the filipina they showed their passport to CAB stating no recourse to public fund but still they advised her to fill up an application and apply for disability allowance and they got it.

I am not being nosey just that i am wondering CAB knows the rule i presume? Although my sympathy with the filipina as her husband has terminal cancer already so for her she ask the CAB before claiming and they said YES.

[vbkelly]

according to the filipina they showed their passport to CAB stating no recourse to public fund but still they advised her to fill up an application and apply for disability allowance and they got it.

I am not being nosey just that i am wondering CAB knows the rule i presume? Although my sympathy with the filipina as her husband has terminal cancer already so for her she ask the CAB before claiming and they said YES.

her husband is a british?

[andypaul]

according to the filipina they showed their passport to CAB stating no recourse to public fund but still they advised her to fill up an application and apply for disability allowance and they got it.

I am not being nosey just that i am wondering CAB knows the rule i presume? Although my sympathy with the filipina as her husband has terminal cancer already so for her she ask the CAB before claiming and they said YES.

From what i know the CAB are mainly volunteers with some basic training, and information they refer to.

They are a first point to start with issues and normally chosen as people with plenty of life experience. But like others have said they are not experts on the LAW.

Do seek expert advice and if possible try and ask at least twice to ensure the answer is the same.

From the way you have said it her husband is claiming the allowance so it maybe ok, but there maybe complications due to the fine details.

Such as if the pinay wife was included in the calculating of the allowance.

[darren-b]

From the way you have said it her husband is claiming the allowance so it maybe ok, but there maybe complications due to the fine details.

Such as if the pinay wife was included in the calculating of the allowance.

I might be mis-reading it but the way I read it her husband is filipino too and is here on a dependent visa. Hence it definitely wouldn't normally be ok for him to claim public funds and it would effect her as the conditions of her bringing her dependents to the UK is that she can support them without claiming public funds.

As others have said previously she would be best to re-confirm this with experts or the official sources (ie the HO but don't give any names...).

[andypaul]

I might be mis-reading it but the way I read it her husband is filipino too and is here on a dependent visa. Hence it definitely wouldn't normally be ok for him to claim public funds and it would effect her as the conditions of her bringing her dependents to the UK is that she can support them without claiming public funds.

As others have said previously she would be best to re-confirm this with experts or the official sources (ie the HO but don't give any names...).

Whoops

If non resident then defo no way i can see them allowing.

[macaco]

CAB has immigration specialists also, call them again and ask to have an appointment then see what she they say. Oh, my GF got an appinment with the immigration specialist 2 weeks from now, I will ask her to ask that question and I will let you know.

Also you can call the public enquiries in uk border immigration and get a second opinion.

[joebloggs]

crazy thing is a work permit dependant has less restrictions placed on them than the work permit holder

but as none of them have ILR, then to claiming benefits which are classed as public funds