Adequate maintenance:- benefits rates from April 2012

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Adequate maintenance: Calculating after April 2014

Postby Amber » Mon Mar 17, 2014 8:20 pm

Please note that there are new benefits rates effective from April 2014 which will need to be used in order to calculate adequate maintenance levels.

Following the Upper Tribunal case of Ahmed [benefits; proof of receipt; evidence] Bangladesh [2013] UKUT 84 [IAC] and the Immigration directorate instructions Annex F Chapter 8 Family Members - Maintenance And Accommodation (click) (include a copy) at page 4, paragraph 5.2, staff considering an application for entry clearance, leave to remain, further leave to remain or indefinite leave to remain must demonstrate calculations detailing the actual financial position of the applicant/sponsor in all cases that fall for refusal using the following formula:

A – B ≥ C

A minus B is greater than or equal to C.

Where:

A is the projected NET income (after deduction of income tax and national insurance contributions);

B is what needs to be spent on accommodation (rent/mortgage and council tax); and

C is the amount of Income Support an equivalent British family of that size can receive.

For the purpose of income, benefit income can be used as income as per Immigration directorate instructions Annex F Chapter 8 Family Members - Maintenance And Accommodation, paragraph 5.2(a). No benefit income is said to be excluded in the Immigration directorate instructions.

Key rates 2014/15 should be:

Income support rate for a:
couple £113.70 per week/£492.70 per calendar month
single person over 25: £72.40 per week/£313.73 per calendar month
each dependent child: £66.33 per week/£287.43 per calendar month
income support family premium: £17.45 per week/£75.62 per calendar month.

e.g. using these calculations a couple with two children would need to show:

£113.70 for couple
£17.45 family premium
£66.33 x 2, for each dependant child

=£263.81 per week left over after deducting rent/mortgage and council tax.

A couple with no children would need to show £113.70 per week remaining after rent/mortgage and council tax is deducted.


See
Benefit Rates 2014
Benefit and pension rates: April 2016
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Re: Adequate maintenance: Calculating after April 2014

Postby GOd Helps » Fri Mar 21, 2014 12:24 am

Amber_ wrote:Please note that there are new benefits rates effective from April 2014 which will need to be used in order to calculate adequate maintenance levels.

Following the Upper Tribunal case of Ahmed [benefits; proof of receipt; evidence] Bangladesh [2013] UKUT 84 [IAC] and the Immigration directorate instructions Annex F Chapter 8 Family Members - Maintenance And Accommodation (click) (include a copy) at page 4, paragraph 5.2, staff considering an application for entry clearance, leave to remain, further leave to remain or indefinite leave to remain must demonstrate calculations detailing the actual financial position of the applicant/sponsor in all cases that fall for refusal using the following formula:

A – B ≥ C

A minus B is greater than or equal to C.

Where:

A is the projected NET income (after deduction of income tax and national insurance contributions);

B is what needs to be spent on accommodation (rent/mortgage and council tax); and

C is the amount of Income Support an equivalent British family of that size can receive.

For the purpose of income, benefit income can be used as income as per Immigration directorate instructions Annex F Chapter 8 Family Members - Maintenance And Accommodation, paragraph 5.2(a). No benefit income is said to be excluded in the Immigration directorate instructions.

Key rates 2014/15 should be:

Income support rate for a:
couple £113.70 per week/£492.70 per calendar month
single person over 25: £72.40 per week/£313.73 per calendar month
each dependent child: £66.33 per week/£287.43 per calendar month
income support family premium: £17.45 per week/£75.62 per calendar month.

e.g. using these calculations a couple with two children would need to show:

£113.70 for couple
£17.45 family premium
£66.33 x 2, for each dependant child

=£263.81 per week left over after deducting rent/mortgage and council tax.

A couple with no children would need to show £111.45 per week remaining after rent/mortgage and council tax is deducted.


See
Benefit Rates 2014


Hi amber,
do we have 2 include children and they are born in UK and are applying as dependant flrm.
another thing my children born in UK ,so i am not including them in flrm do i have to disclose this in the form.
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Re: Adequate maintenance: Calculating after April 2014

Postby Amber » Fri Mar 21, 2014 7:14 am

Yes.
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Re: Adequate maintenance: Calculating after April 2014

Postby GOd Helps » Fri Mar 21, 2014 12:13 pm

Amber_ wrote:Yes.

my current average net monthly income fro past three months if 1357.
i have two chirldren in uk under 16 , my partner not working

in calcluatioing A(projected income (can i include the child benefit and working tax credit assumung if iam success ful i can claim for them but ofcourse i do get benefits currently.)
to reach
A-B>C
or i have ot reply on my Monthly income only .please reply as i think it will make a diffrence
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Re: Adequate maintenance: Calculating after April 2014

Postby Amber » Sat Mar 22, 2014 12:43 am

e.g. using these calculations a couple with two children would need to show:

£113.70 for couple
£17.45 family premium
£66.33 x 2, for each dependant child

=£263.81 per week left over after deducting rent/mortgage and council tax.
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Re: Adequate maintenance: Calculating after April 2014

Postby sunnythebright1 » Tue Mar 25, 2014 5:45 pm

Hello, Thanks for sharing this really useful information, Can you pls tell me Can I apply calculating these adequate maintenance If i fulfill these? Instead of the minimum income threshold?
for example, If my spouse earns annually 15000 pounds annually which are enough for both of us too but its less than the minimum income requirment of 18600, Can you pls give some light on this? Thanks :)
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Re: Adequate maintenance: Calculating after April 2014

Postby Amber » Tue Mar 25, 2014 10:21 pm

Adequate maintenance is for those who fall under Part 8 of the immigration rules or the exemption under Annex FM. Otherwise you'll have to meet the financial requirement.
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Re: Adequate maintenance: Calculating after April 2014

Postby sunnythebright1 » Wed Mar 26, 2014 7:22 am

Amber_ wrote:Adequate maintenance is for those who fall under Part 8 of the immigration rules or the exemption under Annex FM. Otherwise you'll have to meet the financial requirement.

Thanks amber for your reply, Can you pls tell me who falls on Chapter 8 ofimmigration laws? I am sured we are not exempted from Annex FM as my partner is not on any allowance, She is my wife who is a British living in nottingham and we want to live together in UK and apply for my spouse visa, Do we fall under chapter 8? Thanks!
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Re: Adequate maintenance: Calculating after April 2014

Postby Amber » Wed Mar 26, 2014 7:35 am

No, unless you were on spouse leave before July 2012 or your sponsor is receiving a disability benefit.
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Re: Adequate maintenance: Calculating after April 2014

Postby GOd Helps » Wed Mar 26, 2014 4:52 pm

hi amber
sorry to bother you so many times just cannot take the risk of refusal .
please can you help me with this

i am applying for FLR m before 6th april. i am pre 9 july 2012 dependant

i want to use my CASH savings FOR ADEQUETE MAINTENANCE
COuld you kindly answer my questions
Q1 in section 7 where do i mention this as threi s no direct box for savings?
Q2 incalculating adequate maninternace should i take the (A)closing balance( B) averegae bank statement for past three months (C) or minimum of last three months OF MY FUNDS IN THE BANK THAT I WANT TO USE AS SAVINGS .As they are all different for me.
your help will e very much appreciated
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Re: Adequate maintenance: Calculating after April 2014

Postby Amber » Wed Mar 26, 2014 4:54 pm

Savings should be turned into tariff income, basically amount of savings divided by 104 weeks for Part 8 FLR(M).
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Re: Adequate maintenance: Calculating after April 2014

Postby GOd Helps » Wed Mar 26, 2014 5:11 pm

Amber_ wrote:Savings should be turned into tariff income, basically amount of savings divided by 104 weeks for Part 8 FLR(M).

thank you so much
so CANi use MY CLOSING BALANCE OF FUNDS IN THE BACK ACCOUNT AND DIVIDE IT BY 104
by this i mean is there ia minimum length for which the savings must be in the bank
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Re: Adequate maintenance: Calculating after April 2014

Postby azka » Wed Mar 26, 2014 7:27 pm

Amber_ wrote:Savings should be turned into tariff income, basically amount of savings divided by 104 weeks for Part 8 FLR(M).

Hi amber,

I want to ask you in FLR M where it says write down your source of income Is that where??? we can write cash saving as tariff income or we can just write cash saving and calculate it weekly,

I have deposited £ 10000 in bank since last 4 month, basically I brought this money from pakistan to buy a car but now I have got £ 2700 ending balance in bank can I claim this £ 10000 as cash saving and calculate it weekly 10000/104 = 96.15

please advise me as I have to make application before 6 april
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Re: Adequate maintenance: Calculating after April 2014

Postby flozo64 » Wed Mar 26, 2014 8:13 pm

Hi

Looking to make a spouse visa application flrm soon. I have one dependent child. I'm a career for my sister and so exempt from the financial requirement.

I get £59.75 a week in carers allowance
£20.30 a week in child benefit
£269.92 a month in child tax credit
£56.80 a week in income support
£75 a week in housing benefit

My rent is £325 a month

I'm struggling to work out if we meet the requirement of £180.03 left over a week. Can you please help.

Thankyou
Flr(fp) application.

Applied - 29/07-14
HO Received - 31/07/14
Biometrics done - 12/08/14
Decision - Granted - 10/10/2014
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Re: Adequate maintenance: Calculating after April 2014

Postby allwell46 » Wed Mar 26, 2014 11:28 pm

Dear members

Can someone please advise on the following calculations of the adequate maintenance please, As I am preparing FLR M application of my wife, while my SET LR application is being processed

A. total net income (Mine)
B. housing cost (mortgage + council tax)
C. total net income - housing cost
D. total income if family were on income support (income support for couple 112.55 + income support for each child 65.62 + family premiums 17.40)
E. comparison of net income after housing cost With total income if family were on income support

If C is greater than D then that means I have adequate maintenance and application is good to go. please advise


I also need advise on the followings please
Most people says show 3 months earnings (3 months payslips) but If I show 3 months then I don't fulfil according to the above, but If I show 4 months payslips then I am fine, Shall I show 3 months or 4 months,

Also My wife is self employed, Do I HAVE to show her earnings in the adequate maintenance or its optional, I simply don't wanna go for hassle because you know I have pay some to accountant for paperwork, also there are lots of paper work involved. Please advise, Shall I say in the form she is working but I am solely responsible for the adequate maintenance or some better statements please.

Many thanks for reading and replying.
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Re: Adequate maintenance: Calculating after April 2014

Postby Amber » Thu Mar 27, 2014 12:46 am

azka wrote:
Amber_ wrote:Savings should be turned into tariff income, basically amount of savings divided by 104 weeks for Part 8 FLR(M).

Hi amber,

I want to ask you in FLR M where it says write down your source of income Is that where??? we can write cash saving as tariff income or we can just write cash saving and calculate it weekly,

I have deposited £ 10000 in bank since last 4 month, basically I brought this money from pakistan to buy a car but now I have got £ 2700 ending balance in bank can I claim this £ 10000 as cash saving and calculate it weekly 10000/104 = 96.15

please advise me as I have to make application before 6 april
Azka


Well you're slightly below, but you should be ok, I assume no children?
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Re: Adequate maintenance: Calculating after April 2014

Postby Amber » Thu Mar 27, 2014 12:49 am

flozo64 wrote:Hi

Looking to make a spouse visa application flrm soon. I have one dependent child. I'm a career for my sister and so exempt from the financial requirement.

I get £59.75 a week in carers allowance
£20.30 a week in child benefit
£269.92 a month in child tax credit
£56.80 a week in income support
£75 a week in housing benefit

My rent is £325 a month

I'm struggling to work out if we meet the requirement of £180.03 left over a week. Can you please help.

Thankyou


Income would be, £279.33 per week, rent is £75 so disposable is £204.33 which exceeds £180.03.
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Re: Adequate maintenance: Calculating after April 2014

Postby Amber » Thu Mar 27, 2014 12:51 am

allwell46 wrote:Dear members

Can someone please advise on the following calculations of the adequate maintenance please, As I am preparing FLR M application of my wife, while my SET LR application is being processed

A. total net income (Mine)
B. housing cost (mortgage + council tax)
C. total net income - housing cost
D. total income if family were on income support (income support for couple 112.55 + income support for each child 65.62 + family premiums 17.40)
E. comparison of net income after housing cost With total income if family were on income support

If C is greater than D then that means I have adequate maintenance and application is good to go. please advise


I also need advise on the followings please
Most people says show 3 months earnings (3 months payslips) but If I show 3 months then I don't fulfil according to the above, but If I show 4 months payslips then I am fine, Shall I show 3 months or 4 months,

Also My wife is self employed, Do I HAVE to show her earnings in the adequate maintenance or its optional, I simply don't wanna go for hassle because you know I have pay some to accountant for paperwork, also there are lots of paper work involved. Please advise, Shall I say in the form she is working but I am solely responsible for the adequate maintenance or some better statements please.

Many thanks for reading and replying.


It can be based on last month's wages, supplying 4 should be fine.
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Re: Adequate maintenance: Calculating after April 2014

Postby marifk » Thu Mar 27, 2014 5:52 am

Hi Amber

A: I need to apply for FLR(M) for my wife.
My Yearly Income from Employment is 22000/- (Gross). Tax Code was 786L (year 2012-2013)
I have three children (Child Benefits Approved but still waiting for Child Tax Credit Approval)
B: My Rent is £325/- Month
My Council Tax is £921/- Month
C: The amount of Income Support an equivalent British family of that size can receive in my case
with three children is £1430.61/-Month.

Do I qualify to get my Wife's Visa Extension as per the above Calculations or do I have to show my Self-Employment Income as well?

Please respond asap.

Regards

Arif
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Re: Adequate maintenance: Calculating after April 2014

Postby flozo64 » Thu Mar 27, 2014 7:50 am

Amber_ wrote:
flozo64 wrote:Hi

Looking to make a spouse visa application flrm soon. I have one dependent child. I'm a career for my sister and so exempt from the financial requirement.

I get £59.75 a week in carers allowance
£20.30 a week in child benefit
£269.92 a month in child tax credit
£56.80 a week in income support
£75 a week in housing benefit

My rent is £325 a month

I'm struggling to work out if we meet the requirement of £180.03 left over a week. Can you please help.

Thankyou


Income would be, £279.33 per week, rent is £75 so disposable is £204.33 which exceeds £180.03.



Thankyou for your help. Do I need to consider the family premium at all? Because I'm not entirely sure what it is...
Flr(fp) application.

Applied - 29/07-14
HO Received - 31/07/14
Biometrics done - 12/08/14
Decision - Granted - 10/10/2014
flozo64
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Posts: 81
Joined: Wed Mar 26, 2014 8:40 am


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