hi, having read the NO RECOURSE TO PUBLIC FUNDS para 6 .. none the wiser... can anyone help, my wife applying for ILR in november, I/we claim housing benefit and childtax credits and council tax. I am the applicant but its based on family income etc.... Will this affect my wife's chances of getting ILR, we do have a child born here in uk (ours)..... Is claiming these things a massive negative to getting ILR ????
No.
It's you who's claiming ..... so the no recourse to public funds which applies to your wife is being adhered to.
You're applying for ILR under the old rules, so it's ezzy pezzy lemon squeezy.
Fill in the form, supply your "evidence", pay your money, and sit back & wait for it to arrive.
No man is an island, but Barry is
cheers for the reply, just worried that they may say sod u , u dont earn enough to support her.... yes i come under the rules before july this year...
There are many benefits that you can claim in your own name without any issuesOriginally Posted by Takenoprisoners
However, Housing Benefit (HB) and Council Tax Benefit (CTB) can cause complexity in their claims.
This is simply because there is a lot of legislation attached.
To avoid problems with your wife's ILR application you must inform the local authority of your wife's immigration status.
To be safe, you should ask them to confirm that the benefits you have been given have been calculated accordingly.
Means, that you would have been entitled to the same amount of benefit even if your wife wasn't with you.
I strongly suggest that you get IN WRITING that you have informed them that your wife is not entitled to added public funds and that they have made their calculations accordingly
Eligibility for social security benefits depends on a person’s status in the UK.
Local Authorities (LAs) are required to establish the terms of a claimant’s entry or stay in the UK.
This is called the Immigration Status Test. Claimants who do not satisfy the test are not entitled to HB or CTB.
To further complicate matters you are also restricted in claiming benefits that result in you receiving additional benefits that would not apply if your wife wasn't with you.
Some local Authorities will not confirm in writing simply because they fear being on the wrong side of legislation that says you cannot legally be treated as being single if you are actually living with someone.
On the positive side, I have not personally known any problems with UKBA in respect of HB/CTB when the claimant has been 'up-front' etc, but things change all the time with UKBA and this is just too serious not to get right.
If you have any problems or doubts at all with the Local Authority it may be better to hold fire on the HB/CTB until your wife receives ILR
hi terpe, yes thanks for all the info, I have checked with the housing benefit office and they say yes no probs with the claim its in my name they take into consideration the fact my wife has parttime job but no probs with the no recourse to public funds. same with the tax people they know she has no recourse as well.. i am more concerned that the immigration may say i cannot support her properly if i am claiming hb/ct/ctc..... have spoke to citizens advice they havent a clue, local council dunno either, i rang immigration they said its up to the case worker.... fine but i intend to go to the office pay premium to have it done same day, i dont wanna pay all that money to be told sorry no good u get hb etc etc..... would like to know if there is a definate yeah or nay on this matter... just wondered if anyone else in here ever gone through the same predicament or knows anyone who has....
Ah, I see now, Sorry for my mistake.
Your wife will be under considered for ILR under the 'old rules' this means you will not need to comply with the new Financial Requirements.
For applications of ILR (under old rules) the caseworkers are under instructions not to refuse solely for financial reasons.
Personally, I have not heard of anyone being refused for being on benefits etc.
There would need to be some very serious reasons for the ILR to fail at this stage.
With you wife in employment (even part time) I doubt very much there will be any problems.
Good luck and please try not to worry.
There are (and have been) many folks in the same situation as you that have seen no problems with granting of ILR.
okay thanks for the info and the encouraging words terpe, hope u are right.. will let u know the outcome thanks again
Yes, please do help us here by informing us on the outcome. It can be a really big help to all those in similar circumstances.
Thanks
My wife and I are also awaiting a reply from our local council on this same subject ref: council tax and housing benifit, should get an answer today on wether they got the calculations correct, will let you know later.
Thank you for that Michael
Latest update is that the council have suspended payments and are sending some more forms to fill in. I expect them to arrive today and when I've completed them I will return them personally today in hope that it will speed things up. Will let you know the outcome as things progress. ( I think the reason for this, is because they have discovered that the calculations could be wrong)
You could well be right there Michael. Most LA's are not up to speed on the relevent legislation. That's why it's important to either follow up just as you're doing or leave some of these more complex benefits alone.
Good luck and thanks for keeping us updated
Will update you as things progress hoping that others will benefit from these results.
At last! everything sorted. The reason I first approached the council about these benefits was because I thought they had overpaid me, evidently not. The benefits office have now lifted the suspension on payment and have told me I am entitled to full HB/CTB and will recieve all proof and details in writing in a few days. This has really put my mind at rest and hopefully helped a few of you out there.
There are currently 1 users browsing this thread. (0 members and 1 guests)
Posting Permissions
