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  1. #1
    Member Takenoprisoners's Avatar
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    Can anyone tell me ........ on the ILR form there is a section on benefits, we are claiming housing benefit, child tax credit, working tax credit and council tax credit.... does that affect the ILR???? We told the relevant government departments that we have no recourse to public funds. but they say its a partner thing so these are claimed on the husband... anyone know about this situation??????


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    Quote Originally Posted by Takenoprisoners View Post
    Can anyone tell me ........ on the ILR form there is a section on benefits, we are claiming housing benefit, child tax credit, working tax credit and council tax credit.... does that affect the ILR???? We told the relevant government departments that we have no recourse to public funds. but they say its a partner thing so these are claimed on the husband... anyone know about this situation??????
    As long as it's ONLY claimed in the name of the eligible spouse, then it's OK.

    I strongly advise you to double-check the housing benefit and council tax benefit just to be sure it's only calculated for the eligible spouse.

    Please review the booklet No Recourse To Public Funds

    Also see this leaflet called Child Benefit -Getting your claim right

    When claiming any Tax Credit your UK citizen spouse/civil partner should tick the box for himself as the claimant.

    Claims for Tax Credits are assessed jointly if you are living with a spouse or partner who is allowed to claim tax credits.
    It will automatically be a joint application at the request of HMRC and your name will therefore appear. This is not a problem for you.

    Here is some useful information from HMRC called What are Tax Credits

    Other benefits such as, Contribution Based Jobseeker's Allowance, Housing Benefit and Council Tax benefit may technically only be claimed under certain very specific conditions of the eligible spouse. That's why I have strongly suggested you make some very detailed checks with the authorities.
    To be honest many government departments do not fully understand 'no recourse to public funds' and may well put you in a sticky position.
    I would normally not advise anyone to make any claims for those unless they are 100% certain of the appropriate legislation and can secure written confirmation of such from the legal teams of each concerned department.

    Not trying to frighten you, just trying to help.

    Maybe others here have made those claims, declared on the ILR and had no issues. If so I hope they can share there knowledge and experience here.


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