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Detailed Public Funds guidance

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

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

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die_hard
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Re: Detailed Public Funds guidance

Post by die_hard » Thu Mar 05, 2015 11:48 am

Hi,

I would be grateful if anyone can reply to my query.

I have recently received my ILR but my partner is still under immigration control. She received her FLR(M) after my ILR.

We have just applied for British passport for my newly born daughter.

My query is regarding claiming benefits (child benefit/tax credit) on behalf of my daughter. My partner earns more than 50K per year and I know that we have to pay tax charge if we claim child benefit as one parent earns more than 50K. But my query is as she is under immigration control and child benefit will be under my name, do we have to declare that she earns more than 50K and pay the tax charge ?

Thanks

John
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Re: Detailed Public Funds guidance

Post by John » Thu Mar 05, 2015 12:22 pm

do we have to declare that she earns more than 50K and pay the tax charge ?
Yes! If you claim then it will need to be handed back in extra tax.
John

die_hard
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Re: Detailed Public Funds guidance

Post by die_hard » Fri Mar 06, 2015 10:49 am

Thanks for your reply, John.

Based on our criteria/situation, what other benefits we are eligible for ? Can we claim work tax credit and child tax credit ?

John wrote:
do we have to declare that she earns more than 50K and pay the tax charge ?
Yes! If you claim then it will need to be handed back in extra tax.

John
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Re: Detailed Public Funds guidance

Post by John » Fri Mar 06, 2015 1:28 pm

As "as one parent earns more than 50K" I think it is clear that there is no entitlement to Tax Credits.

But anyone can get a good idea of possible entitlement to Tax Credits. Just use the Tax Credits Calculator :-

https://www.gov.uk/tax-credits-calculator

-: on the HMRC website.
John

Cleanbold
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Re: Detailed Public Funds guidance

Post by Cleanbold » Mon Mar 09, 2015 2:01 am

Hi John
I need your expertise regarding benefits claim. I got my ILR on 10 yrs basis and I have 2 children born in UK with british passport my wife got FLR(M) last month as she is not entitle public fund. My questions are
1- Can I claim CTC, CB, WTC and housing benefit if yes then what will happen when my wife will apply extension on FLR(M) when need to show again income £18600.
Will it be effect on her extension visa FLR(M)?
Please answer ASAP

Thanks in advance

John
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Re: Detailed Public Funds guidance

Post by John » Mon Mar 09, 2015 12:14 pm

Now that you have ILR you are entitled to claim any benefits that your circumstances dictate you are entitled to.

As regards Housing Benefit and also Council Tax Benefit, make your wife's immigration status clear to the Council. However with children in the house her status should make no difference to the amount of such benefits that are payable.

CB? You claim that.

Tax Credits? That claim MUST be in the joint names of you and your wife, but being such a joint claimant is totally OK for your wife. If you make a sole claim for Tax Credits in your circumstances, that would amount to benefit fraud.
John

zakir1988
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Re: Detailed Public Funds guidance

Post by zakir1988 » Fri Mar 20, 2015 3:59 pm

Dear guys

my solicitor who is very good ruuning in our community for the past 25 years our solicitor told me if I get housing benefit it won't effect my wifes visa when we come to renew it as I am british born citizen and my daugther. I work part time I'm not a dependent when we applied under FLR FP 10 years route parent we just paid the fee single fee £601 If was appying as a dependent then the fee would of gone up
I think my solicitor just put my name on the form who's my wife living with as a partner getting housing benefit will not effect it if i was a dependent then getting housing benefit will effect it.

Is anyone british citizen getting housing benefit and working partime and have renewed your partners visa

VIbenye
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My Child is not allowed access to public Fund

Post by VIbenye » Thu May 07, 2015 10:34 pm

Hi I am on my second 3yrs of DLR. I have 3 children. 2 of my children got the first 3yrs of DLR and are now on their second 3yrs of DLR with me. My last child however was given 3yrs DLR only because she is a dependant child of a parent with DLR and consideration was given under paragraph 305 of immigration rules. She was told in order to qualify for settlement she must complete a continuous period of at least 120 months in the UK.
She is not allowed to claim benefits. She is 2 years old.
Am already getting child tax credit and child benefit for all 3 children. I am also on income support and housing benefit.
Please do I need to call up and ask them to stop giving me child benefit and childtax credit am recieving on her behalf?
Her DLR is valid until 2017. What form should I apply for further leave to remain for her.
I and my other 2 children will be applying for ILR.

Please I need urgent help. Thank you for your reply.

vinny
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Re: Detailed Public Funds guidance

Post by vinny » Fri May 08, 2015 12:15 am

Where were your children born?

Was there a "No recourse to Public funds" notice?
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Amber
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Re: Detailed Public Funds guidance

Post by Amber » Mon May 25, 2015 3:43 pm

You can claim Child Benefit and Child Tax Credit for the children insofar as you have recourse to public funds, their immigration status is irrelevant.

Now regarding a 10 year route to settlement for a child, I suggest that when you apply for the other children's ILR, presumably after 6 years ILR, you also apply for the youngest child's ILR citing section 55 Borders Citizenship and Immigration Act 2009.
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gunners7k
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Re: Detailed Public Funds guidance

Post by gunners7k » Sat May 30, 2015 12:05 pm

Hi

I am in a spouse visa and due for renewal next April, my wife claims child tax credits for the kids, solicitor told me I wasn't allowed to resort to public funds so no working tax, which I have never claimed, however after ringing them up to ask why more money in account, they have automatically started paying working tax credit after receiving my p60, my wage went down(2014/2015 tax year) meaning they paying me extra each week! Rang them to say stop the payments but won't until I receive renewal pack, I'm worried this is going to show up on bank statements and also award notice, help!!

I'm entitled to clam the working tax credit and will it affect my visa!!

Help!!!!!!!

Thanks

dmj84
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Re: Detailed Public Funds guidance

Post by dmj84 » Tue Mar 15, 2016 10:09 pm

Hello, I'm new to this forum and have a question about applying for council housing if my husband is on a spouse visa.

I am a British Citizen, my husband is on his second round of the 2 year spouse visa. We are expecting our first child in November. We are currently living with my mum in a housing association property which is my mother's. We have been living here since we initially applied for his visa. Once the baby comes we cannot live with my mother anymore as there just won't be enough space for all of us.

Am I entitled to apply for council housing if my husband is subject to immigration controls and no recourse to public funds? I have read various posts about this but they are all quite old and I'm aware that immigration rules are changing all the time.

Any help or insight would be greatly appreciated.

Thank you.

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Casa
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Re: Detailed Public Funds guidance

Post by Casa » Tue Mar 15, 2016 10:16 pm

You can only be accommodated in Council housing as a single person with a child, not as a couple and child. i.e Your husband won't be considered in the application when points for entitlement are awarded.
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dmj84
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Re: Detailed Public Funds guidance

Post by dmj84 » Wed Mar 16, 2016 9:25 am

But if I apply as a single person with child this will affect my husband's application for ILR next year right? So we don't have any other options?

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Casa
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Re: Detailed Public Funds guidance

Post by Casa » Wed Mar 16, 2016 9:29 am

No it won't, but you must declare that you husband is under Immigration control when you apply to be considered for Council housing.
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San246
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Re: Detailed Public Funds guidance

Post by San246 » Wed May 18, 2016 5:58 pm

Hi I'm new to this forum and this my first time posting. Even though I've read some of the information that I believe is relevant to me, I'm still confused and unsure. I don't want to do anything to jepodise my spouses Flrm visa.

I have a query in regards to claiming housing benefits. My spouse and I have been married three years and have a daughter together. We have been living in shared accommodation since our marriage but now need to move somewhere bigger as staying in one room with a baby is to crowded. My landlords already given us notice to move out by the end of the month but I can't apply for council housing because I haven't reached 5 years in the current borough. So privately renting is my only option but because I'm not working it's going to be hard for me to pay the rent. I'm currently claiming child benefit and work & child tax credit, can I claim housing benefit if I'm not claiming JSA? I don't really want to claim JSA as I don't have plans in returning back to work until my baby's 3. If I can claim do I need to apply for HB first then look for accommodation? Or can't I just find a place then apply? Please forgive me if I am repeating something someone else has already posted its just I may not have come across it so I'm posting this separately. Thank you

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Casa
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Re: Detailed Public Funds guidance

Post by Casa » Wed May 18, 2016 6:10 pm

What is your immigration status? Do you have recourse to Public funds?
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San246
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Re: Detailed Public Funds guidance

Post by San246 » Wed May 18, 2016 9:05 pm

I'm a British citizen so is my baby just my husband is on the FLRM 5 years route, 2nd extension.

sud315
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Re: Detailed Public Funds guidance

Post by sud315 » Thu Jan 19, 2017 4:48 pm

This thread seems too old now. Is there an update on this thread that someone has done? (Sorry I couldn't find one here) or are benefit info still the same?
Thanks.

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Re: Detailed Public Funds guidance

Post by CR001 » Thu Jan 19, 2017 5:50 pm

sud315 wrote:This thread seems too old now. Is there an update on this thread that someone has done? (Sorry I couldn't find one here) or are benefit info still the same?
Thanks.
If you have a question, it is better to start your own topic. However, the first post in this thread contains the link to the guidance.
https://www.gov.uk/government/publications/public-funds
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