Meeting the financial requirement through “adequate maintenance”
3.6.1. Where the applicant‟s partner is in receipt of any of the following benefits or allowances in the UK, the applicant will be able to meet the financial requirement at that application stage by providing evidence of “adequate maintenance” rather than meeting an income threshold:
- Carer‟s Allowance.
- Disability Living Allowance.
- Severe Disablement Allowance.
- Industrial Injuries Disablement Benefit.
- Attendance Allowance.
- Personal Independence Payment.
- Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme.
- Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme.
3.6.2. If the applicant‟s partner is in receipt of one of the above benefits or allowances on behalf of their child, the applicant will be able to qualify by meeting the financial requirement through “adequate maintenance”.
3.6.3. The evidence required to demonstrate that the applicant‟s partner is in receipt of a specified benefit or allowance is specified in Appendix FM-SE:
12. Where a person is in receipt of Carer's Allowance, Disability Living Allowance, Severe Disablement Allowance, Industrial Injuries Disablement Benefit, Attendance Allowance or Personal Independence Payment, or Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme or Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme, all the following must be provided:
(a) Official documentation from the Department for Work and Pensions or Veterans Agency confirming the entitlement and the amount received. (b) At least one personal bank statement in the 12-month period prior to the date of application, showing payment of the benefit or allowance into the person's account.
3.6.4. The applicant will not need to meet the minimum income threshold. Instead, the applicant is required to demonstrate that they will be adequately maintained without recourse to public funds. The relevant guidance is set out in IDI Chapter 8 section 1.7a. This does not allow the applicant to rely on promises of third party support or prospective employment or a job offer.
3.6.5. The minimum income threshold will apply at the next application stage if the applicant‟s partner is no longer in receipt of one of these benefits or allowances at that time.
3.6.6. Some applicants under Appendix Armed Forces are already required to demonstrate that they will be adequately maintained without recourse to public funds and there is no assessment needed of whether they are exempt from minimum income threshold because the minimum income threshold does not apply to their category of application. See Part 4, Part 7, Part 9, and Part 10 of Appendix Armed Forces for details of who falls into this group. The relevant guidance is set out in IDI Chapter 8 section 1.7a. This does not allow the applicant to rely on promises of third party support or prospective employment or a job offer.
Quote Reply
Originally Posted by Terpe
