Housing Benefit question?

[yellowcloud]

From what I understand the sponsor is still within his/her right to receive housing benefit at the single persons rate. But has to declare his Non EU Spouse who has no recourse to public funds. I know when I apply for Housing Benefit I would like to make sure I have a copy of the rules to enclose with the housing benefit application that states that I am still entitled to the housing Benefit even though my Spouse is not. However, I am having trouble trying to find that in Black and white, does someone happen to know where I can find that or a link somewhere?

At the moment I live with my parents and when my Fiance arrives we will stay with them until after we get married then move into our own place. We have the wedding booked for in September (so long as the ECO doesn't ruin our wedding) Not sure if it will be a council property, housing association or a private property yet.

Thanks in advance

[andy222]

Its a nightmare.

[joebloggs]

As a British citizen, you may continue to claim the Housing Benefit and Council tax benefit that you are entitled to but i think you will not be entitled to an increase in these benefits because your partner will be staying with you. And, your partner cannot claim either of the two.


CAB should be able to help you more..
http://www.citizensadvice.org.uk/index/getadvice.htm

[mickcant]

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.

[joebloggs]

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

[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!!!

[Bluebirdjones]

Confused me too..... but it's a technicality.

Any benefits due to you, you claim in YOUR name on a joint application form.

Hence, technically she has not claimed anything, and has adhered to the terms of her visa.. ie "no access to public funds".

Obviously, when her status changes, then she could claim various benefits.

[Terpe]

yellowcloud,

Take a look here at this forum sticky, it may help.
http://filipinaroses.com/showthread....o-Public-Funds

[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...

[yellowcloud]

According to

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

that they cant claim BUT a sponsor for example can use their name on a housing application WITHOUT it considered as the third party immigrant being in receipt of public funds and the same gos for working tax credits. In both cases the immigrant isnt considered to be receiving benefit but as the sponsor is, and on their behalf as couple...im sure the government considers this a BURDEN brought on by the third partys presence. So in short, indeed the third party isnt able or considered to be claiming any benefit but the sponsor PERHAPS would be, in using their name on tax credits and housing, insane.


I can not seem to figure out for certain IF the migrant spouses presence can increase the UK Sponsors benefit?? I am still none the wiser. It should be either a yes or a no really. Really need to know before the meeting in Parliament next week as this is one of my main arguments. Whats more frustrating is ABSOLUTELY no-one knows the answer either Yes or No. Im going to look like a right idiot if I make the pont that the presence of the Non Migrant Spouse can NOT increase the UK SPonsors Benefit then someone turns around and says "you are wrong look at Page 27 of the UKBA Public funds etc" or something like that, and I look a right plonker. No one knows if the answer is a Yes or a No

[Terpe]

yellowcloud, did you look at the link I provided?

You shoud find the information you are asking for there.

Specifically look to the Home Office booklet called "No Recourse to Public Funds"
http://www.readingcab.org.uk/Files%2...blic_funds.pdf
Page 6 gives the yes or no on a number of key benefits.

There is also existing caselaw and immigration rules that provides explanation.

[yellowcloud]

Yep, I read it but still none the wiser.

Basically simply put I am going to stand up in Parliment next week and say

"it is a fact that Migrant Spouse Can not recieve ANY public Funds!"

"it is a fact that a UK Sponsors benefits WILL NOT increase due to the presence of his/her migrant spouse"

I hope to God I am right and dont look like an idiot

[Terpe]

Yep, I read it but still none the wiser.

Basically simply put I am going to stand up in Parliment next week and say

"it is a fact that Migrant Spouse Can not recieve ANY public Funds!"

"it is a fact that a UK Sponsors benefits WILL NOT increase due to the presence of his/her migrant spouse"

I hope to God I am right and dont look like an idiot

Better not say it then

[yellowcloud]

lol..yeahh was it Joe who was saying it wouldnt increase or someone else?? Just wanted to know where they found that? :P

[yellowcloud]

OK I have written a letter to send to the home office and wanted to get peoples opinion before I sent it and if there is anything anyone would also like to add.

Cheers


I would like to ask some questions in relation to your letter if you could be kind enough to answer for me?

• You say the current Maintenance requirement of £5,795 is not adequate to prevent burden on the UK taxpayer. Please can you provide evidence, statistics or figures to support exactly how much welfare has been taken as a result of the increase in the UK sponsor’s benefits due to the presence of the Migrant spouse as this may help determine if it is proportionate to increase the Maintenance threshold to £18,600 in terms of protecting the Welfare of the UK Economy?

• Please could you also provide evidence i.e. figures or statistics to support your statement that the UK national spouse who marries a non-EEA nationals gets increased benefit payments as a result of the marriage and which exact benefits they are?

• Under New Rules a British Citizen who receives DLA is not required to meet the new minimum earning threshold however please could you address and explain to me and how it is fair that not every disadvantaged or disabled person receives DLA, as DLA is only for specific problems which a disabled person has, there are many disabled people who do not receive DLA who are equally disadvantaged in their earning capacity as those who are in receipt of DLA.?
• Not only that but for instance a Sponsor may be in receipt of DLA at the point of the application for a spouse but hypothetically may lose it one week and the next week his spouse applies for ILR and how can this person be expected to go from being disabled and unable to work to receiving 18,600 per year immediately potentially, not to mention not everyone has an earning capacity of this amount? Hence his family spit apart, potentially his/her spouse being arrested by border control, split apart from her/his children after living here for 5 years and being put in a detention centre back to a country they have not lived in for 5 years?





• How can if be fair or propionate that a non British European living in the UK for only a few months can bring their Non European spouse, child and family members using a EEA Family permit and these changes and restrictions do not effect them, a non British European living in the UK has a virtual legal right to bring them to the UK, while a British Citizen doesn't. How can this be just or fair?

You are correct in quoting the wording of the Human Rights Act which incorporates the European Convention on Human Rights into British law. It is a qualified rather than an absolute right. However, measures that qualify should be proportionate, i.e. there is a need to justify that in effect the economic well-being of the country is being protected by these restrictions and that the means to do it are not disproportionate and quite clearly in my opinion the restrictions that a sponsor must earn 18,600 are not proportionate.

• Is it permitted for a government to dictate to Judges whether it is proportionate that a Non EU Spouses sponsor who is earning less than 18,600 would affect the economic well-being of the country?. Surely our Judges should remain independent and carry out an independent assessment rather than being bound by how Parliament interprets the Law ie Article 8 in this matter?
• Can the government force our judges to interpretate the Law the way they interpretate it and remove the right of the Judiciary to act independently? If so, please explain to me the right the government has to do this?


Thank you and I look forward to your reply.