Could you advise me?

adomako129 · Post by **adomako129** » Fri Aug 27, 2010 7:15 pm

Hi,
I'm a single parent with 3 children(aged between 5 & 15).I've ILR and receives child benefit,tax credits,housing and council tax benefits.My children have been here(UK) for four years without visa.As I'm now settled here,I think i've to apply for settlement visa for my children.Anyway,i'm not very sure of which visa i should apply for them.I'm also a bit scared whether these benefits would affect any application i make .

Could someone please help me with that?

Thank you

Post by **John** » Sat Aug 28, 2010 7:49 am

adomako129, given that you have ILR you are perfectly entitled to claim any benefit that your personal circumstances dictate you are entitled to.

Where were the children born? Outside the UK? Or in the UK?

adomako129 · Post by **adomako129** » Sat Aug 28, 2010 1:26 pm

John wrote:adomako129, given that you have ILR you are perfectly entitled to claim any benefit that your personal circumstances dictate you are entitled to.

Where were the children born? Outside the UK? Or in the UK?

Thank you.
Two of my children were born outside UK.Their 6months visitors visas expired 4 yrs ago.One was born here in UK and was resgistered as British citizen 2 months ago.

I'm thinking of applying for ILR for the other 2 children but form SET(F) asks about public funds.I was actually stuck when I read about the pulic funds on the forms.I'm feeling a bit apprehensive when i read the public funds especially The housing and council Tax benefits I'm receiving.Though I'm entitled for public funds,is it going to affect my children's application?

Thanks again.

Post by **John** » Sat Aug 28, 2010 7:15 pm

Though I'm entitled for public funds,is it going to affect my children's application?

A simple answer? No!

adomako129 · Post by **adomako129** » Mon Aug 30, 2010 7:49 am

John wrote:
Though I'm entitled for public funds,is it going to affect my children's application?
A simple answer? No!

Hi John,Thanks alot for your good work.

adomako129 · Post by **adomako129** » Sat Sep 04, 2010 8:24 pm

adomako129 wrote:
John wrote:
Though I'm entitled for public funds,is it going to affect my children's application?
A simple answer? No!

Hi John,Thanks alot for your good work.[/quote

Hi,
Looking at my situation from my previous posts,Which permit do I apply for my 2 children(minors) living with me.Or do I have to wait till I become a citizen?Any complications?Your advise counts.

charley · Post by **charley** » Fri Oct 22, 2010 11:56 pm

Hi John, thank you for your previous reply to my post.As I told you, I have ILR and receiving TC, WTC etc. I'm now preparing to apply for settlement for my 2 children who were born outside the Uk and have been here for 4yrs.

You last replied to my post that public funds are not going to affect my children's application.Could you please tell me more about this or could someone help me with this.If possible the law regarding this.

avjones · Post by **avjones** » Sat Oct 23, 2010 1:37 am

John, I'm not sure you're right, here. The OP has ILR, and can claim benefits, of course. And for the British-national child. But the other two are not legally here, and she's claiming benefits for them, too. Access to public funds for those amounts.

avjones · Post by **avjones** » Sat Oct 23, 2010 1:38 am

charley wrote:Hi John, thank you for your previous reply to my post.As I told you, I have ILR and receiving TC, WTC etc. I'm now preparing to apply for settlement for my 2 children who were born outside the Uk and have been here for 4yrs.

You last replied to my post that public funds are not going to affect my children's application.Could you please tell me more about this or could someone help me with this.If possible the law regarding this.

On what basis are you applying? Bear in mind, the children can't apply for leave within the immigration rules, as they don't have existing leave.

Post by **John** » Sat Oct 23, 2010 7:24 am

avjones wrote:John, I'm not sure you're right, here. The OP has ILR, and can claim benefits, of course. And for the British-national child. But the other two are not legally here, and she's claiming benefits for them, too. Access to public funds for those amounts.

I don't consider that relevant at all. As you say the OP has ILR, so is entitled to claim any benefits. The fact that the children are not currently here legally does nothing to alter that. It certainly does not turn those claims into Public Funds.

bonnie · Post by **bonnie** » Sat Oct 23, 2010 9:49 am

John wrote:adomako129, given that you have ILR you are perfectly entitled to claim any benefit that your personal circumstances dictate you are entitled to.

Where were the children born? Outside the UK? Or in the UK?

adomako ,did you have any problems with registering them with a school,

or when you registered them with a gp. ie papers or visa stamps to say

they were legally here or was their no problam in doing this. thanks in advance-

avjones · Post by **avjones** » Sat Oct 23, 2010 1:46 pm

John wrote:
avjones wrote:John, I'm not sure you're right, here. The OP has ILR, and can claim benefits, of course. And for the British-national child. But the other two are not legally here, and she's claiming benefits for them, too. Access to public funds for those amounts.
I don't consider that relevant at all. As you say the OP has ILR, so is entitled to claim any benefits. The fact that the children are not currently here legally does nothing to alter that. It certainly does not turn those claims into Public Funds.

I think it is relevant. In the immigration rules:

For the purpose of these Rules, a person (P) is not to be regarded as having (or potentially having) recourse to public funds merely because P is (or will be) reliant in whole or in part on public funds provided to P's sponsor unless, as a result of P's presence in the United Kingdom, the sponsor is (or would be) entitled to increased or additional public funds (save where such entitlement to increased or additional public funds is by virtue of P and the sponsor's joint entitlement to benefits under the regulations referred to in paragraph 6B).

So the children are reliant on public funds. The would-be sponsor's getting extra money because they are here.

Post by **John** » Sat Oct 23, 2010 1:55 pm

It would be good to quote the whole of para 6C ! :-

6C. A person (P) making an application from outside the United Kingdom will be regarded as having recourse to public funds where P relies upon the future entitlement to any public funds that would be payable to P or to P's sponsor as a result of P's presence in the United Kingdom, (including those benefits to which P or the sponsor would be entitled as a result of P's presence in the United Kingdom under the regulations referred to in to paragraph 6B)".

Sp para 6C is only in play as regards visa applications outside the UK, and that is not a factor here.

avjones · Post by **avjones** » Sat Oct 23, 2010 2:22 pm

I wasn't quoting para 6(C), but para 6A!

Post by **John** » Sat Oct 23, 2010 6:03 pm

In which case you need to appreciate that the reference to para 6B in 6A is highly important, and there is no doubt that 6B effectively takes precedence to 6A.

And there are indeed regulations emanating from the legislation quoted in 6B.

avjones · Post by **avjones** » Sat Oct 23, 2010 8:47 pm

You are right, here is A + B:

6A. For the purpose of these Rules, a person (P) is not to be regarded as having (or potentially having) recourse to public funds merely because P is (or will be) reliant in whole or in part on public funds provided to P's sponsor unless, as a result of P's presence in the United Kingdom, the sponsor is (or would be) entitled to increased or additional public funds (save where such entitlement to increased or additional public funds is by virtue of P and the sponsor's joint entitlement to benefits under the regulations referred to in paragraph 6B).

6B. Subject to paragraph 6C, a person (P) shall not be regarded as having recourse to public funds if P is entitled to benefits specified 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.

What about housing benefit? that's also being claimed.

Post by **John** » Sun Oct 24, 2010 2:12 pm

I don't think Housing Benefit (or Council Tax Benefit) can be a problem given the way that the Tax Credits count as income for HB and CTB purposes. So whilst the income disregard for HB and CTB goes up, so does the income and I think that those two factors mean that it is highly unlikely that more HB and CTB is payable on account of the child living in the household.

avjones · Post by **avjones** » Mon Oct 25, 2010 1:37 am

Assuming the OP isn't in public housing, it's LHA - and that is claimed on the number of bedrooms. I bet the OP's claiming for more than just her and the infant would be entitled to.

Post by **John** » Mon Oct 25, 2010 7:18 am

LHA is just part of the hideously complicated HB calculations. Also I remind you that there is a British Citizenship child in the household.

avjones · Post by **avjones** » Tue Oct 26, 2010 12:29 am

John wrote:LHA is just part of the hideously complicated HB calculations. Also I remind you that there is a British Citizenship child in the household.

LHA isn't part of HB calculations. Local Housing Allowance replaced Housing Benefit, except for social housing.

Post by **John** » Tue Oct 26, 2010 7:20 am

LHA isn't part of HB calculations. Local Housing Allowance replaced Housing Benefit, except for social housing.

That is factually incorrect. There are many Housing Benefit calculators on the internet, and I give this one just as an example ..... click here. There you will see that LHA, as I said, just one part of the calculation of HB.

charley · Post by **charley** » Thu Oct 28, 2010 12:00 am

bonnie wrote:
John wrote:adomako129, given that you have ILR you are perfectly entitled to claim any benefit that your personal circumstances dictate you are entitled to.

Where were the children born? Outside the UK? Or in the UK?
adomako ,did you have any problems with registering them with a school,

or when you registered them with a gp. ie papers or visa stamps to say

they were legally here or was their no problam in doing this. thanks in advance-

sorry for taking long to reply.
In london it was very difficult to get admission for my children, so I left London and it was very easy. Imean very easy outside london.
Hope this counts.

charley · Post by **charley** » Thu Oct 28, 2010 12:12 am

John wrote:
LHA isn't part of HB calculations. Local Housing Allowance replaced Housing Benefit, except for social housing.
That is factually incorrect. There are many Housing Benefit calculators on the internet, and I give this one just as an example ..... click here. There you will see that LHA, as I said, just one part of the calculation of HB.

Hi John, I have been following your posts and that of Avjones and I'm impressed of the discussion.It's really helping me and I like that.

So, the benefits are not going to affect me. Am I right???

avjones · Post by **avjones** » Thu Oct 28, 2010 5:51 pm

John wrote:
LHA isn't part of HB calculations. Local Housing Allowance replaced Housing Benefit, except for social housing.
That is factually incorrect. There are many Housing Benefit calculators on the internet, and I give this one just as an example ..... click here. There you will see that LHA, as I said, just one part of the calculation of HB.

http://england.shelter.org.uk/get_advic ... _allowance

I'm sure you are wrong about this! LHA doesn't count as anything to do with HB. They are alternatives, not part of one another.

Shelter's site explains the difference. HB for social housing, LHA (and NOT HB) for private rentals.

This is for new claims (last 3 years or so).

It was introduced nationally in 2008 and now applies to most new claims by private tenants. However, there are some exceptions. If you rent from a private landlord, you will not be assessed using the local housing allowance rules if:

* you pay a registered 'fair rent' (eg you are a regulated tenant)
* a substantial part of your rent is for board and attendance (such as in a hotel)
* you rent a hostel, caravan, mobile home or houseboat.

If you were already claiming housing benefit when LHA was introduced in your area, you may continue to receive housing benefit for a while, but your claim will be switched to local housing allowance when you make a new claim, change address, or your circumstances change.

Local housing allowance does not apply to council tenants, or those renting from a housing association.

Post by **John** » Thu Oct 28, 2010 6:08 pm

I'm sure you are wrong about this! LHA doesn't count as anything to do with HB. They are alternatives, not part of one another.

Then you better explain to numerous Councils up and down the UK that their calculators are wrong!

Did you bother to click on the link I provided? In that link .... it calculates HB ... and asks you to enter the amount of LHA! Need I say more?

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Could you advise me?

Could you advise me?