Good day everyone!
Please give us advice about our concern.
My husband wanted to claim a housing benefit due of some financial circumtances. I am worried because in the form it needs my information as well as a partner, i am still under the immigration, it would be possible to make a problem in my next application which is ILR next year?
Thank you in advance
Shouldn't be a problem, before Maritess got a job I claimed housing benefit and it won't affect her ILR application in May this year!
applications need to be in joint names, however, the applicable amount should not be a couple rate (rather a single/lone parent rate) as your subject to immigration control. When you get the benefit statement check it to make sure the applicable amount is not an amount Because you're a couple, in other words he can not claim 'more' of a benefit because your subject to immigration control.
No problem claiming of HB with you in the house, just supply all of the information they ask for.
Keith - Administrator
Thank you for all the comment, atleast we enlightened our mind now and no more worries at all to continue our housing benefit form.
Hi joebloggs! You mean the amount should be my husband only? What if they will give us a couple amount, what will we do about that ? I'm just aware because I need to be careful about my ILR application in time! I dont want to risk..Originally Posted by joebloggs
Don't worry, I went through all the questions you are asking with the benefit office at the time, it's me that claimed but they have to take into consideration that two people are living at the same address, they assured me that the home office know all the rules and not to worry!
What joebloggs means is that when your husband receives the Housing Benefit letter/calculated assessment, to be sure that the stated 'Applicable Amount' includes an amount of £71.70 for 'Lone Parent between 18 and pension' (not for a Couple one or both over 18 with an amount £112.55)
Under 'Applicable Amount' he should also receive an amount of £65.62 for 'Young child under 11' and
'Family Premium' with an amount of £17.40
If he doesn't receive a full calculation please request one.
Just be sure it states 'Lone Parent' £71.70
Some councils are very good with their understanding of requirements and others are not.
Once your husband has claimed and received the assessment/calculation post here if you have any concerns.
good advice from Terpe
but also always keep a photocopy of any applications you make and make it clear you're subject to immigration control then there should be no problems later on, if you have done this and there is a problem later on, it might be classed as a administrative error by your local council.
Don't worry, I went through all the questions you are asking with the benefit office at the time, it's me that claimed but they have to take into consideration that two people are living at the same address, they assured me that the home office know all the rules and not to worry!
Thank you very much Michael
Crystal clear now!
good advice from Terpe
but also always keep a photocopy of any applications you make and make it clear your subject to immigration control then there should be no problems later on, if you have done this and there is a problem later on, it might be classed as a administrative error by your local council.
Thank you for the idea joebloggs we will do that..
Once again thank you very much
Hello guyz! I have follow up questions..
My husband completing the form to claim the Child Tax Credit, is it ok not to put my name in the partner name as I'm still subject to immigration control??
As I told him, I don't want to risk my ILR application in time!
Either parent can claim CTC...as I did as a single parent.
Your husband is entitled to claim it, regardless of your status . It is income-based though, so any income you may be contributing would be taken into account. I'm not sure whether this would be breaking any rules regarding your ILR.
Thanks Graham. At the moment I don't have a job. What worries me is in the form. Correct me if I'm wrong. If I put my name on there, it means we are claiming as a couple then I'm not allowed to claim as I'm under immigration control, so maybe it will affect in my ILR in time ???Either parent can claim CTC...as I did as a single parent.
Your husband is entitled to claim it, regardless of your status . It is income-based though, so any income you may be contributing would be taken into account. I'm not sure whether this would be breaking any rules regarding your ILR.
Please enlighten me.
Hello! Please share me to those claiming a child tax credit, is your partner name included in your form even though she is a immigration control???
We wanted to make it sure before husband send the form. Thank you
Hi skysisi,Hello! Please share me to those claiming a child tax credit, is your partner name included in your form even though she is a immigration control???
We wanted to make it sure before husband send the form. Thank you
Firstly please do remember that even though you are subject to immigration control, you will not be considered as accessing public funds if it is your partner who is receiving the funds. Your partner is eligible and fully entitled to claim.
Secondly, Child and Working Tax credits must be claimed jointly as a couple.
However, UKBA do clearly state that "If only one member of a couple is subject to immigration control, then for tax credits purposes, neither are treated as being subject to immigration control.
So go ahead with the claim asap in the knowledge that it will have absolutely no impact on your immigration status and no impact on your ILR application.
Finally, your husband should also claim for and be receiving Child Benefit. Again there'll be no impact at all on your ILR application.
If you feel any insecurity at all (despite the above UKBA statement) then double check with an immigration advisor such as Victoria.
By the way skysisi, how did you get on with the housing benefit claim ??
It's a huge help if you can let us have feedback on this especially for those couples following the same path and in the same circumstances as you.
Thank you sir peter for the clarification and ill let my husband about it..
Anyway, about the housing benefit, the woman who did to fill up our form she doesnt put my name as a partner in there because she said im still not settled here,she just took a photocopy of our marriage certificate and the birth cert of our baby. About the calculation your all right the council people knows all if im still the immigration control she said they will write down there as a single parent only, we still waiting for the outcome from them..
That all sounds great skysisi...well done for moving forward correctly on that and thanks a million for your valuable feedback.
Thanks Skysisi, All the paperwork from the local council had both our names on it, and I haven't seen any thing that refers to the calculation for me only, but having said that they paid me £69.76 per week and £80.77 per week towards our rent bear in mind, no children and I am on a pension. When Maritess started work all benefit stopped. How does that look Peter?That all sounds great skysisi...well done for moving forward correctly on that and thanks a million for your valuable feedback.
That's because 'household' income is taken into account when assessing housing benefit Michael.
As I understand it, anyone else living in the house (other than for a short holiday), regardless of their relationship to you is presumed to be paying rent, or otherwise contributing to household expenses, if they are in work.
What I'm trying to find out Graham is, at the time I was receiving benefit did they pay me as a couple, in other words too much?
Strictly speaking Michael at some time you should have received a Housing Benefit letter showing the calculated assessment.What I'm trying to find out Graham is, at the time I was receiving benefit did they pay me as a couple, in other words too much?
On that calculation under 'Applicable Amount' it would show either Single or Couple.
I'm guessing that your local council might be able to send it to you from the archive....maybe worth asking.
If you got paid too much it's most likely their error as I'm sure you informed them of the immigration status of Maritess. Still might need to pay back any overpayment though.
At the beginning they sent a representative to my home, he filled all the application forms in and I signed this was done in front of Maritess, also he took her Passport to photocopy at the office and posted it back to us within a couple of days. In the meantime Peter I will go through all the paperwork and double check!
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