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Benefit Query/Advice

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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HRY2005
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Joined: Tue Dec 08, 2009 3:16 pm
Location: UK

Benefit Query/Advice

Post by HRY2005 » Sat Feb 20, 2010 2:00 pm

Hi all,
Need some serious advice. I spent time with my patner who is a british citizen and living on benefits at the moment because of our six month old. Progress has been made to get a job as soon as possible but not started yet, may be in a couple of days.

Brief - I stay with my friends and spent time with my partner and my son twice or three times a week. I also use my partners address as my correspondence address, the phone line and TV in the apartment are in my name, my name is also on the electoral role(reason-my gf was not eighteen yet as at that time but over eighteen now. virginmedia would not offer her a contract, so I did it for her in my name but she's paying for it)

Problem- She got a letter from the job centre for interview, where they said she's not living alone on her flat, therefore she's not a single parent. they threaten to take her to court for benefit fraud if she fail to change her claims in one week or claim partners income support.

I have no leave to remain but my solicitor would sent my application by first week of march (i am not entitle to benefits). We really need a serious advice as we dont wanna get into trouble.

I would appreciate all positive and informed advice but no to people with negative minds.

Thanks

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Sun Feb 21, 2010 10:11 am

I have no leave to remain but my solicitor would sent my application by first week of march
Can you detail your UK immigration history? And what application is going to be submitted soon? Applying for what?
John

HRY2005
Member of Standing
Posts: 344
Joined: Tue Dec 08, 2009 3:16 pm
Location: UK

Post by HRY2005 » Sun Feb 21, 2010 11:02 am

5 years illegally, involving deception(different identity). worked illegally before in my real name but not working anymore for about one year now. we are making ACCESS TO A CHILD APPLICATION(outside the rules)

Thanks

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Sun Feb 21, 2010 12:37 pm

OK, thanks for that background.

I think the greatest thing your girlfriend will struggle with is your entry on the Electoral Register. Why would you register there if that was not your main address? Did you also register for what you might claim is your main address?

By the way, your basis of being on the register at all? What is your nationality?

But benefit fraud? If you are genuinely not working .... how are you surviving? ..... then your girlfriend would have got no more or no less benefit if it was admitted that you were living there. So why not admit that? And get all the claims adjusted to take that into account, including getting the Tax Credits claim into joint names.

And if you were living there all the time, you could look after the baby while your girlfriend went out to work. Surely that is the way to proceed.
John

HRY2005
Member of Standing
Posts: 344
Joined: Tue Dec 08, 2009 3:16 pm
Location: UK

Post by HRY2005 » Sun Feb 21, 2010 1:28 pm

Thanks so much John,

Like I said in my first post, I registered on the electoral roll because my gf was 17 at the time, she can't get a phone contract or TV from virgin. I had to do it in my name but she's paying for it. I have my name on my former address, receive mails but no bills but I moved out of that address and live with my friends and spent time at my gf. Use my gf address as correspondence for my mails, cos I haven't got a permanent address.

On the basis of the register, I am from one of the qualifying commonwealth countries.

Question - like you suggested, is it possible to tell them that I have got no stay and therefore not qualified for benefits?(cos we are scared) Honestly, I am not working at all, since last year for obvious reason. I get support from friends to survive and also my gf. I ' ll definately be the one to look after my son when my gf starts working soon.

Our intentions was to wait till my solicitor send in my application next month, then I' ll be safe a little bit(y'know what i mean). I fill a new form yesterday and sent to the electoral office to change to my friend address and remove me from my gf.

I think that gives you the full picture, the DWP are saying she's claiming IS as a single parent but if am coming over 3 times a week, then she's not.

Thanks so much

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Sun Feb 21, 2010 4:39 pm

Sorry I have to say, you registering on the Electoral Roll because your girlfriend was only 17 at the time, that makes no sense at all. After all if you were not living there, there would simply be no one on the Electoral Roll for that address ..... not a crime .... if on the facts that is correct.

I think your girlfriend is going to struggle on this one. Why don't you force the issue and simply move in full time?
John

HRY2005
Member of Standing
Posts: 344
Joined: Tue Dec 08, 2009 3:16 pm
Location: UK

Post by HRY2005 » Sun Feb 21, 2010 5:11 pm

Thanks John,
We've been thinking of me moving in full time and she's got to talk to them again tomorrow.
So she can tell them I'll be moving in full time but I'm not entitled to any benefits.

I hope that solve the problem and they won't have to stop her income.

In all John, I really appreciate your support. Thank you very much.

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Sun Feb 21, 2010 5:47 pm

So she can tell them I'll be moving in full time but I'm not entitled to any benefits.
She can tell them you are moving in full time, but you can't tell them that you are not entitled to benefits, because it is not nearly that simple!

For starters, in respect of a couple living together, in a "relationship akin to marriage", the Tax Credits claim must be in joint names. But because you are not allowed to work, and therefore have no income, your existence on the joint claim will not have any financial effect. Nevertheless it would be very wrong for the claim to be in a single name.

And the other claims, such as Housing Benefit and Council Tax Benefit, your residence in the house must be reported, but again, because you have no income, the amount of benefit will not alter.

And that is best point that your girlfriend can make, that even if you had been there full time, the amount of benefit would not have altered.
John

HRY2005
Member of Standing
Posts: 344
Joined: Tue Dec 08, 2009 3:16 pm
Location: UK

Post by HRY2005 » Sun Feb 21, 2010 6:13 pm

Thank you John but won't they be asking for my details(NI and stuff)? And what about my applicatio? You know I am not entitle to public funds. I am thinking of the effects of that on the whole thing.
She's only getting IS, child benefit and child tax credit plus the housing. Please, I need to know about that.

Thanks so much

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Sun Feb 21, 2010 7:29 pm

Do you have a NI n umber? Probably not. So just say so. Thanks to a change of legislation last April the lack of NI number in respect of a dependant or second claimant is no longer a problem.
You know I am not entitle to public funds.
Indeed, but I also know what the expression of Public Funds actually means. Please reread my previous post above, and indeed read the first pinned topic in this Claiming Benefits section.
John

HRY2005
Member of Standing
Posts: 344
Joined: Tue Dec 08, 2009 3:16 pm
Location: UK

Post by HRY2005 » Sun Feb 21, 2010 11:27 pm

I am sorry John, I didnt check the reply on time. I have no NI at all, I used to have a made up one when I was working illegaly and paid tax n NI contributions on it for about 3 years but not anymore.

I check the first pinned one, and I read all the details. my partner will be talking to the benefit people tomorrow and will include all the infos.

I 'll keep you posted. I must say that I really appreciate your informed advice and your support. God bless

HRY2005
Member of Standing
Posts: 344
Joined: Tue Dec 08, 2009 3:16 pm
Location: UK

TAX CREDIT QUESTION (PSIC)

Post by HRY2005 » Mon Mar 22, 2010 4:59 pm

Hi John and everyone,

I need a quick advice on tax credit issue. As posted earlier in my other posts, I appreciate all your support and advice, especially JOHN for your informed advice.

My partner stopped her income support claim and claim JSA (income based). She is actively seeking work but nothing has come up yet. She informed them about my presence in the house and the fact that I'm not working, subject to immgr. control and stuff. JSA was approved, housing benefits sorted as well.

She spoke to the Tax credit office as well and a form was sent in to make a joint application, which we filled in and sent back last month. We mentioned that I am subject to immigration control and have no NI on the form.

QUESTION
I received a letter from the tax credit office this morning, addressed to me alone, requesting the same information that I have already supplied on the application form. Some of the QUESTIONS are(my fulll name, D.O.B, NI, why I dont have NI, address and former addresses, If I have been included in any other TC claims etc)I was a little bit not sure of what to do, I am a little bit scared cos I thought they could share my details with the HO. and that could get me into trouble.

My Solicitor just sent my application to the HO today the 22nd March. (Access right to a child appl. & article 8 rights. OTR)


kindly advice on what to do with this letter, they also gave me an option to phone and supply the info before April the 19th, the letter was dated 18th of march.

I will appreciate your advice as ever. constructive critism will also be appreciated.

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Mon Mar 22, 2010 5:51 pm

I think I would leave it until the end of the week, playing safe, when undoubtedly UKBA will have the visa application, and then phone the Tax Credits office, or reply to their letter by post.

Until you do reply they are not going to proceed dealing with the Tax Credits claim, so certainly don't leave it until the April deadline you mention.
John

HRY2005
Member of Standing
Posts: 344
Joined: Tue Dec 08, 2009 3:16 pm
Location: UK

Post by HRY2005 » Mon Mar 22, 2010 6:18 pm

Thank you so much John, I will do just that. One more question to answer please.

When I used to work illegally with counterfeit docs which I have destroyed and stopped working. I had a made up NI, pay tax and NI for about 3 years until I stopped working for fear of illegal working arrest.

Do you think they might have those details, it was in my real name and DOB but the numbers were made up, not real

Thanks and thanks so much for your previous advises, they go a long way.

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Mon Mar 22, 2010 7:01 pm

Do you think they might have those details, it was in my real name and DOB but the numbers were made up, not real
Yes, totally possible, given that HMRC administer Tax Credits, and might well have access to the main tax records.

What to do? I am not suggesting you would actually do anything else, but it is important that you answer any questions honestly, because giving wrong answers could amount to benefit fraud.
John

HRY2005
Member of Standing
Posts: 344
Joined: Tue Dec 08, 2009 3:16 pm
Location: UK

Post by HRY2005 » Mon Mar 22, 2010 7:17 pm

Thank you John,

I 'll wait until I receive my HO appl. acknowledgement ( I hope within 2 weeks) before phoning them.

I ' ll surely keep you updated.

I really appreciate your advise and support John, God bless you.

HRY2005
Member of Standing
Posts: 344
Joined: Tue Dec 08, 2009 3:16 pm
Location: UK

Tax Credit (An Update for JOHN)

Post by HRY2005 » Sun May 02, 2010 2:13 pm

HRY2005 wrote:Thank you John,

I 'll wait until I receive my HO appl. acknowledgement ( I hope within 2 weeks) before phoning them.

I ' ll surely keep you updated.

I really appreciate your advise and support John, God bless you.
Hi John, like I promised to update this post. I didn't phone the TCO until the 7th of April after my solicitor confirmed that she had received acknowledgment letter from the HO and sent me a copy. I phoned the TCO and they asked me if I have ever been issued with a NI, which I replied NO, they also asked me if I have changed addresses lately and I said YES, gave them my last address before the present one. (but my made up NI was not used on that one, it was on the address I lived before that). So they spoke to my partner as well and asked me to respond to the form they sent me, and they will get back to me later if they need to contact me again.

My partner phoned them again last week for an update, and they asked if I haven't received a letter in the post, they said I should receive a letter in the post because they are working with DWP to see if they can issue me an NI. I finally got the letter last wednesday, which says they have sent my details to my local Jobcentre and I should receive a letter from them soon to discuss it with them. They said after my visit, they might decides to issue me with a temporary NI which starts with OO. They also said I might need evidence of my Identity, if its with the HO, they asked me to contact the HO to send me a copy, stamped by the HO. (But I have a got a copy of my passport, certified by my solicitor and the HO acknowledgement letter, I think that should be OK)

I want to say thank you for your advise once again, that went a long way to solving this problem.

HRY2005
Member of Standing
Posts: 344
Joined: Tue Dec 08, 2009 3:16 pm
Location: UK

Tax Credit finally sorted

Post by HRY2005 » Fri Oct 01, 2010 6:19 pm

Hi John,

An update on my tax credit issue. As I said in my last post that the TCO wrote me a letter informing me of my details being passed to my local Jobcentre Plus for Identity interview. Unfortunately, the TC application was refused on the fact that I didn't turn up for interview(but I didn't receive any interview letter from the Jobcentre).

We appealed the decision and put a fresh claim through(haven't heard anything yet on the appeal). I received the same letter as before that my details was passed to my local Jobcentre, fortunately, after chasing the Jobcentre on the phone, I went for the interview at the end of August, the Jobcentre wrote me a letter 2 weeks later, refusing me an NI on the basis of not having LTR and right to work. A phonecall to the TCO last week informed us that my NI is no longer an issue that a Temporary Ref No. has been issued.

They finally confirmed to us today that the TC has been processed and payment(for the last 3 month) will be coming through on tuesday and they told us how much the weekly payment will be, We're so happy for the news.

I want to say thank you John for your advice and showing me the way to go. Your informed and compassionate advice went a long way in helping me and my family, we owe you and I believe this would help other guys in similar situation.

Thanks a lot.
Live and let live

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Fri Oct 01, 2010 6:45 pm

HRY2005, that is good that progress is being made, and that payment is being paid Tuesday for 3 months. But I recommend that you persist with the appeal and that should give a further 4 months payment.

Based upon what you have posted it was lack of staff training that caused the first application to be rejected, and thus if the appeal even got as far as a hearing, you would be bound to win. But hopefully HMRC will back down long before it got to an appeal hearing.
John

HRY2005
Member of Standing
Posts: 344
Joined: Tue Dec 08, 2009 3:16 pm
Location: UK

Post by HRY2005 » Fri Oct 01, 2010 7:04 pm

Thanks so much John, thats our intention. They wrote in the appeal acknowledgement letter that we should hear from them by the 16th of Oct. If we dont hear anything by that date, we 'll start chasing them up. Thanks you once again for pointing me in the right direction, God bless you.
Live and let live

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