Housing Benefit, Council Tax Benefit and Healthy Start

Spouse · Post by **Spouse** » Sun Apr 01, 2007 12:48 am

I am a spouse of a British citizen and I have got a 2-year spouse visa with no recourse to public funds. We, with a child, want to apply for housing benefit and council tax benefit because of low income.

I have noticed the following information and have 2 questions?

"Your housing benefit and council tax benefit is calculated taking into account all the members of the family, regardless of their immigration status. If one or more of your family members is a person subject to immigration control (PSIC) and is here with a condition that s/he has no recourse to public funds, your claim for HB or CTB could affect her/his right to stay. This is because her/his presence in the household will increase the amount of HB and CTB payable. This problem does not arise, however, if you are already getting income support or income-based JSA as you will be getting maximum HB and CTB and there is therefore no question of additional public funds being paid out because the PSIC members of the family are now included in your claim.â€

Post by **John** » Sun Apr 01, 2007 7:10 pm

Does it mean that my husband must get income-based JSA before we together with our child apply for HB and CTB

No, and a careful read of the words you quote will show that. The fact is that because there is a child in the household, and the income disregard is the same for "couple with one child" as for "single parent with one child" it therefore follows that the amount of HB and CTB will not be higher because of the existence of the PSIC partner in the household.

"..... however, if you are already getting income support or income-based JSA as you will be getting maximum HB and CTB and there is therefore no question of additional public funds being paid out" is another example of when no additional HB or CTB would be paid. It is not the only such circumstance.

Spouse · Post by **Spouse** » Sun Apr 01, 2007 7:27 pm

Hi John,

Thank you for your reply.

Could I apply for the vouchers for free milk.... and vitamins without affecting my right to stay?

spouse

Post by **John** » Sun Apr 01, 2007 8:21 pm

Could I apply for the vouchers for free milk.... and vitamins without affecting my right to stay?

Those things are not within the definition of Public Funds, so there cannot possibly be a problem claiming those.

"Public Funds", as defined in para 6 of the Immigration Rules, is certainly not a list of all the types of benefit potentially claimable from the UK Government. For example, it includes nothing that is maternity related, nor free prescriptions, for example, on grounds of low income.

Spouse · Post by **Spouse** » Sun Apr 01, 2007 8:29 pm

Hi John,

Thank you again for your prompt reply.

spouse

Spouse · Post by **Spouse** » Sat Apr 07, 2007 8:27 pm

Hi John,

Could I ask you one more question?

If my British partner claiming those benefits he is entitled to (on condition that no additional benefits are given to him because of my presence in the UK) is unluckily unemployed during my 2-year spouse visa period, according to paragraphs 6(A) and 6(B) of the immigration rules (i.e. 6A. For the purpose of these Rules, a person is not to be regarded as having (or potentially having) recourse to public funds merely because he is (or will be) reliant in whole or in part on public funds provided to his sponsor, unless, as a result of his presence in the United Kingdom, the sponsor is (or would be) entitled to increased or additional public funds. 6B. A person shall not be regarded as having recourse to public funds if he is a person who is not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002.), would I have no problem to apply for ILR (assuming others requirements have been satisfied except the financial test)?

spouse

Post by **John** » Sat Apr 07, 2007 8:51 pm

The underlying point to make here is that there are two sorts of Job Seekers Allowance! Contribution-based and Income-based. Then it needs to be appreciated that whilst I-B JSA is within the definition of Public Funds, C-B JSA is not.

So Spouse, this possible claim of JSA, what type of JSA would that be?

Spouse · Post by **Spouse** » Sat Apr 07, 2007 9:25 pm

Hi John,

Thank you for your prompt reply.

It is income-based JSA my partner is going to apply for (not jointly claimed).

spouse

mary777 · Post by **mary777** » Sun Feb 24, 2008 2:54 pm

pls can anyone help me pls, i have claimed working tax credit without realising it was recourse to public funds when iam now on spouse settlement visa will this affect my ilr application in the future although now i have told the hm revenue to stop it

thirdwave · Post by **thirdwave** » Sun Feb 24, 2008 4:49 pm

mary777 wrote:pls can anyone help me pls, i have claimed working tax credit without realising it was recourse to public funds when iam now on spouse settlement visa will this affect my ilr application in the future although now i have told the hm revenue to stop it

Try and repay whatever you have claimed already,If you look at the SET(M) closely, it does not ask you whether you have ever claimed benefits but only if you are claiming benefits at the time of application...

mary777 · Post by **mary777** » Sun Feb 24, 2008 5:58 pm

thirdwave wrote:
mary777 wrote:pls can anyone help me pls, i have claimed working tax credit without realising it was recourse to public funds when iam now on spouse settlement visa will this affect my ilr application in the future although now i have told the hm revenue to stop it
Try and repay whatever you have claimed already,If you look at the SET(M) closely, it does not ask you whether you have ever claimed benefits but only if you are claiming benefits at the time of application...

thanks alot so u think if i pay back it will not affect the application in future

Post by **John** » Sun Feb 24, 2008 7:21 pm

mary777 wrote:i have claimed working tax credit without realising it was recourse to public funds when iam now on spouse settlement visa

You are on a 2-year spouse visa? Your spouse is British or otherwise settled in the UK? If the answer to both of those questions is "yes" then there is absolutely no problem you and your spouse jointly submitting a claim for Tax Credits.

The legislative support for the above statement is reg 3(2), Tax Credits (Immigration) Regulations 2003, as supported by rule 6B of the Immigration Rules.

mary777 · Post by **mary777** » Mon Feb 25, 2008 10:10 am

John wrote:
mary777 wrote:i have claimed working tax credit without realising it was recourse to public funds when iam now on spouse settlement visa
You are on a 2-year spouse visa? Your spouse is British or otherwise settled in the UK? If the answer to both of those questions is "yes" then there is absolutely no problem you and your spouse jointly submitting a claim for Tax Credits.

The legislative support for the above statement is reg 3(2), Tax Credits (Immigration) Regulations 2003, as supported by rule 6B of the Immigration Rules.

yes iam on 2yrs spouse visa to a british citizen i got married last july and i was back in the country in october and my husband earns 25 thousand a year this claim iam talking about was made in 2006 before i got married and i did not know that its public recourse cos at that time i was a student with the stamp in my passport of no public recourse. when i got back the money was still coming in not that i went and claim it when i got back but it was already in the process and after i realise that i wasnt intiltled i called the hm revenue and told them to cancel it and said i was willing to pay back whatever i have taken i just don't want it to make problems to my ilr application in future. they did say i could claim it together with my husband but when i told them he earns 25 thousand a year they said he is not eligible for working tax credit.
please tell me what to do and also if it will not affect my application. thanks John.

Post by **John** » Mon Feb 25, 2008 11:16 am

I do not think you have anything to worry about. As your husband earns Â£25K there is clearly no entitlement to Working Tax Credits?

Any children in the house? If so there is certainly an entitlement to Child Tax Credit, and you should have no qualms claiming that .... jointly with your husband.

mary777 · Post by **mary777** » Mon Feb 25, 2008 7:54 pm

John wrote:I do not think you have anything to worry about. As your husband earns Â£25K there is clearly no entitlement to Working Tax Credits?

Any children in the house? If so there is certainly an entitlement to Child Tax Credit, and you should have no qualms claiming that .... jointly with your husband.

hie John

no no children yet it was just me claiming it as i was earning less at the time
thanks

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Housing Benefit, Council Tax Benefit and Healthy Start