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[John]

[Siren]

Hi John,

I am in dispute with my local council over your answer to the following question posted earlier in this thread:

[John]

Simon, have you spoken to a Councillor of the Ward in which you live? If not I think that should be your next step.

In many places the Councillors hold a surgery, and if your Councillors do that I suggest you attend such a surgery soon.
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John

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[Siren]

Hi John,


Thank you for your prompt reply...I have just spoken to my local councillor and am composing an email now to him outlining the details of the case.


I will post it here when complete together with any follow up of note.


Many thanks again,


Simon

[Siren]

Hi again John,


Just to be clear - the accepted way here is to claim HB and CTB as a single applicant and not complete the partner side of the forms.


And then at the end of the forms, where it asks for additional information enter my spouses NI number etc and any earnings?


What then about single persons discount for the Council Tax? I suppose I would not then qualify for this.


Thank you


Simon

[John]

[Siren]

Thank you John for clarifying that - that helps a lot


Your suggestion to involve my councillor, too, is looking hopeful. Below, is a copy of the message sent to him and forwarded to the housing benefit office. Next step failing this - my MP!


Heartiest regards,



Simon

[Siren]

John and all,


I think it could be helpful, to encourage my local council (Carlisle) to grant me housing benefit as a single person only while including my wife's NI number and any income and savings in the recommended way, to provide examples of councils who have already done this.


So, if you have experience of this with a council or know of a council who has implemented this please could you name that council and if possible provide a name and contact number (even if privately to me) of the person in that council who either did this or, generally, can testify that the council have done so.


The more examples that can be shown to my local council, which, maybe could call these councils which have implemented this policy the more chance I think there is of them following suit.


By refusing to do this, Carlisle council are it seems to me, refusing me my, legitimate, right to not claim that portion of benefit I am entitled to (ie for me wife). If I wish to claim for me and not my wife why should I not be permitted to do so?


Thank you John / guys.


Simon

[Siren]

Subj: RE: HB claim where applicants wife has spouse visa with "no recourse to publ...
 
Dear Cllr M

Thank you for the attached query.

As Simon quite rightly states a ‘person will be regarded as having recourse to public funds if someone else’s benefit is increased because of their presence’.

For Income Support, income-based Jobseeker’s Allowance and income-based Employment & Support allowance, when one member of a couple is a ‘person subject to immigration control’ there is a modified applicable amount (what the law says you need to live on) which makes it impossible for the claimant to receive more benefit: at most the partner’s presence is neutral or if they have any income or capital or if they work full-time they may reduce or cancel benefit entitlement.

Unfortunately, Housing & Council Tax Benefit legislation does not have these modified applicable amounts, so a partner who is a ‘person subject to immigration control’ can have an advantageous effect on the means test and, in the case of Council Tax benefit, the loss of the Council Tax single person discount can technically increase the amount of benefit paid. I understand that there has been a case of someone being refused Indefinite Leave to Remain because of this very fact.

The advice given by the Child Poverty Action Group is ‘If the amount of Housing & Council Tax Benefit payable is more than it would have been had the family member(s) not been included in the claim, no claim should be made’

It is possible that some Local Authorities are prepared to act outside the law and assess such claimants as ‘single people’, however, I do not know if this is common practice. However, as stated above, there is no modification of Housing & Council Tax Benefit legislation to allow the Authority to assess Simon as a single claimant and this is also reflected in Paragraph 4.218 of The Housing and Council Tax Guidance Manual that can be found on www.dwp.gov.uk.

Even if Simon were allowed to claim as a single person, declaring his own and his Wife’s income on the claim, it is possible,  because his Council Tax Liability will be that of a couple rather than a single person with a 25% discount, that he could inadvertently increase his Council Tax Benefit entitlement as a result of his Wife’s presence. Note I have said may because it would depend on his actual entitlement which I cannot calculate without details of his income, capital and Council Tax Liability.

I think in the circumstances you are right to suggest Simon contacts his MP, since it would appear that a change in the law is the only remedy for the current situation as regards his Housing and Council Tax Benefit entitlement/recourse to public funds.

Hope this is of some assistance, please do not hesitate to contact me if you have any queries.

Regards



Karen O
Welfare Advice Services Manager

[John]

That is of course very disappointing. As suggested I would now contact your MP in an endeavour to get the regulations changed.
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John

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[Siren]

Frustrating that some councils are prepared to adopt a more pragmatic approach and, in the view of my replyer, operate outside the law...


Actually that reply is from the councils benefit advice centre rather than the benefit issuing office itself and, I wonder whether there's any chance my council would be amenable to permitting my single claim if they were able to talk to a council who have adopted such a practice?


Failing that, my wife could always live next door with my parents but this would, of course, mean we would not be eligible for the married persons working tax premium. Maybe I should work out which is more valuable to me, WTC or HB?


Meanwhile I have requested my MP to look into it but, of course, going down a change in law path is not going to help us in our situation.

[Szilvi]

[John]

You are an EEA Citizen? Your spouse is currently a non-EEA citizen, here in the UK on a Residence Card? If so neither of you is within the definition of "person subject to immigration control", and as long as you are not exercising Treaty Rights as a self-sufficient person, those benefit claims are no a problem.

You mention applying for ILR. Suspect you actually mean PR ..... Permanent Residence.
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John

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[Szilvi]

Thanks a lot.
Sorry, my english is not very good. Could you explain what "exercising Treaty Rights as a self-sufficient person" mean? I've lived in the UK for 5 years and worked for 4 years. I'm on maternity leave untill end of September (I take 56 weeks).

He's got residence card of a family member of an eea national(I was wrong, it's not permanent) and we would like to apply for British citizenship.

We've receiving WTC, CTC and CB.

[John]

Based upon what you have posted, even though you are currently on maternity leave, you are still classed for Treaty purposes as a "Worker", that is, as an employed person.

Accordingly there is no problem you and your husband claiming the benefits that you mention.
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John

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[hi5]

Hi all ,

Me and my wife just received ILR . my wife is house wife , can we claim child benift. child age is 18month ?

Many thanks in advance for your help !
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N.A

[John]

Now that both of you have your ILRs, there is no problem benefit claims being made for any benefits that your personal circumstances dictate you are entitled to.

This will certainly include Child Benefit, and also Tax Credits if the family income is not too high.
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John

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[hi5]

[rekameohs]

Hey, I was just granted ILR, my husband is a British citizen, we have been going through some rough times with money due to my carpal tunnel syndrome (CTS) and he wanted to know since I now have ILR he wanted to know what benefits I myself can claim. I have worked in the UK over about 98% of my time living here. I just need some advice and some pointers on where to go about all this.

Thanks everyone.

[John]

Are you working now? Your husband working? Any children in your household?

These are factors that will determine what sort of benefits might be claimable.
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John

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