Housing Benefit question?

[yellowcloud]

I married my now ex wife in 2008 but she did not come to the UK until some 15 months later and I had then retired and received some help with my rent from housing benefit since retiring.

I went to the council department and asked what should happen; they said I was entitled to more housing benefit as a married couple living in the flat, and that my wife could not receive benefits made no difference to the housing benefit unless she was working and they would then take her wage into account.

We were together only a few weeks before she moved to live with her friends anyhow but I did wonder myself if this was correct
Mick.

Jo, you see this also what I was worried about, with Mick they paid him the marriage couple allowance which of course I dont want to happen as then my wife would be recieving public funds which would jepodise her visa :(

I did find this in terms of proving I can still recieve housing benefit.

As it is not the person subject to immigration control making the claim they must not be
considered to be claiming public funds.

Page 14 of

http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

Which proves I can still receive housing benefit even though my wife can not.

I was really trying hard to find out for CERTAIN is if a Migrant spouse can recieve public funds due to there UK spouse as this is what the goverment are arguing. Maybe you can help me figure this out as I am pretty certain they can not but just not 100% as of yet but I have found this

This page tells you what benefits a person who is subject to immigration control can claim
when they are temporarily without funds from abroad.
A person who is subject to immigration control can temporarily claim certain public funds if
they:
are legally in the UK
have no recourse to public funds, and
are temporarily without funds, because of a disruption to funds from abroad.
The public funds they can claim are:
Child tax credits
Council tax benefit
Housing benefit
Income-based jobseeker’s allowance
Income support
Income related Employment and Support Allowance - ESA(IR)
Social fund payment
Working tax credit.
Her Majesty’s Revenue & Customs (HMRC) will only award tax credits if it is likely that the
person will be able to access funds again. If they qualify, a person can claim tax credits for
up to 42 days in total during their leave in the UK.

Page 26

http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

WHat are your thoughts?

I also wanted to ask you, in the application form we said we were going to marry in a registry office and have one provisionally booked which we showed in the application for the Fiance visa. We really want to get married in a church but we couldnt find anywhere in time for submitting the visa. If we find a church that is willing to marry us and we cancel the registry office and marry in a church instead, when it comes to get the FLR will the home office not give her the FLR as they will say "hey on your application form you said you were going to get married in a registry office and you had one booked, but after you got the visa you married in a CHurch on a different date!!!"???

Also if we end up appealing it could take like a year and I didnt really want to be living with my parents for the next year. But we have put on the application form we will be living with my parents however if I move into my own place while waiting on the appeal, then what will happen when it comes to court and the judge bases the application form on us living with my parents but since then I have moved into my own place and now have rent to pay etc whereas at my parents I didnt? Could that then affect the application?

ANy help would really be appreciated so much!!!

[gWaPito]

Jo, you see this also what I was worried about, with Mick they paid him the marriage couple allowance which of course I dont want to happen as then my wife would be recieving public funds which would jepodise her visa :(

I did find this in terms of proving I can still recieve housing benefit.



Page 14 of

http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

Which proves I can still receive housing benefit even though my wife can not.

I was really trying hard to find out for CERTAIN is if a Migrant spouse can recieve public funds due to there UK spouse as this is what the goverment are arguing. Maybe you can help me figure this out as I am pretty certain they can not but just not 100% as of yet but I have found this

This page tells you what benefits a person who is subject to immigration control can claim
when they are temporarily without funds from abroad.
A person who is subject to immigration control can temporarily claim certain public funds if
they:
are legally in the UK
have no recourse to public funds, and
are temporarily without funds, because of a disruption to funds from abroad.
The public funds they can claim are:
Child tax credits
Council tax benefit
Housing benefit
Income-based jobseeker’s allowance
Income support
Income related Employment and Support Allowance - ESA(IR)
Social fund payment
Working tax credit.
Her Majesty’s Revenue & Customs (HMRC) will only award tax credits if it is likely that the
person will be able to access funds again. If they qualify, a person can claim tax credits for
up to 42 days in total during their leave in the UK.

Page 26

http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

WHat are your thoughts?

I also wanted to ask you, in the application form we said we were going to marry in a registry office and have one provisionally booked which we showed in the application for the Fiance visa. We really want to get married in a church but we couldnt find anywhere in time for submitting the visa. If we find a church that is willing to marry us and we cancel the registry office and marry in a church instead, when it comes to get the FLR will the home office not give her the FLR as they will say "hey on your application form you said you were going to get married in a registry office and you had one booked, but after you got the visa you married in a CHurch on a different date!!!"???

Also if we end up appealing it could take like a year and I didnt really want to be living with my parents for the next year. But we have put on the application form we will be living with my parents however if I move into my own place while waiting on the appeal, then what will happen when it comes to court and the judge bases the application form on us living with my parents but since then I have moved into my own place and now have rent to pay etc whereas at my parents I didnt? Could that then affect the application?

ANy help would really be appreciated so much!!!

The key wording here is 'disruption of funds from abroad'

Unless you intend departing the country for another while your beloved is here...it doesn't look promising.

Not a great idea planning to be without funds before she's arrived either...