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You cannot meet the financial requirement through adequate maintenance because you are not claiming benefits/allowances for yourself or for your child. You either have to find a job giving at least £18600 per year or need a 6 months old savings of £62500.Marshall47 wrote: ↑Fri Aug 02, 2019 12:04 pm
I currently receive carers allowance (£66.15 pw) and universal credit (£44.16 pw) total received is £110.29 per week for looking after my mother and do not have a part time job so therefore would not be able to make the adequate maintenance threshold. However my mother "pays" me an additional £500 a month into my bank account from her savings and benefits. There are no house payments or council tax. I can currently show 3 months of payments as this is how long I have been in my current situation.
Marshall47 wrote: ↑Fri Aug 02, 2019 12:04 pmI currently receive carers allowance (£66.15 pw) and universal credit (£44.16 pw) total received is £110.29 per week for looking after my mother.
https://www.gov.uk/carers-allowance/eligibility
Carer's Allowance
Your eligibility
All of the following must apply:
**your income is less than £123 a week after tax, national insurance and expenses**
Marshall47 wrote: ↑Fri Aug 02, 2019 12:04 pmHowever my mother "pays" me an additional £500 a month into my bank account from her savings and benefits. I can currently show 3 months of payments as this is how long I have been in my current situation.
In my view the receipt of a sum on a regular pattern doesnot seems a gift. Also I think that your mother is receiving other benefits too out of which you are deriving that gift which benefit authorities may not like and also its well above than £123 of threshold.Marshall47 wrote: ↑Fri Aug 02, 2019 12:04 pmHowever my mother "pays" me an additional £500 a month into my bank account from her savings and benefits. There are no house payments or council tax. I can currently show 3 months of payments as this is how long I have been in my current situation.
That doesn't applies for application made from outside the UK. For initial application under partner route you have to meet the criteria through financial requirement/adequate maintenance.Marshall47 wrote: ↑Sat Oct 05, 2019 1:17 pmI was also unsure whether going this route would mean that we would be on the 10 year path to settlement rather than the 5 year path.
I would tend to agree with this interpretation and that you would be eligible for the adequate maintenance route.Marshall47 wrote: ↑Sat Oct 05, 2019 1:17 pmThe way I read the law was that section 3.6.1 was the pertinent section that provides me with the access for my partner to qualify to apply via the adequate maintenance route, section 3.6.2 is a separate section and not applicable to me. That section would be to cover a situation where I had a child who received, say severe disabled allowance and I was working full time but not earning enough money to qualify for the financial requirement. So I am quite confident that we are eligible for the adequate maintenance route as I receive carers allowance.
I think this would be viewed as third party support, which can not be relied upon as income. You can, however, use cash gifts towards savings, which would have to have been held for at least 6 months prior to the date of application.Marshall47 wrote: ↑Sat Oct 05, 2019 1:17 pmMy main query would be whether the money I receive as a gift from my mother is acceptable to push me over the £123? A week required.
The whole amount of required cash savings must have been held during the last 6 months which in op"s case is £500 which he is receiving per month. Also the source of cash savings need to be declared which in op's case his mother savings consisting of benefits which might not be acceptable.