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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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John
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Post by John » Thu Feb 24, 2011 8:22 pm

In your circumstances, as explained many times in the Claiming Benefits section, there is no problem one of you claiming Child Benefit, and the two of you jointly claiming Tax Credits.
John

tanya111
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Location: Devon

Post by tanya111 » Thu Feb 24, 2011 8:27 pm

Thank you so much John. I really appreciate your help.

tanya111
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Post by tanya111 » Sun Mar 27, 2011 9:30 pm

Dear John,
Thank you so much for your advice. My husband has successfully claimed a Child benefit. I’m currently about to fill in my ILR application form and it has a box to tick if my partner claims it. I’m just worried now as I have to declare it, would it affect my application.
Thank you so much for your advice.

John
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Post by John » Mon Mar 28, 2011 5:47 am

tanya111, the problem is that the Public Funds section of the form SET(M) is badly designed and it really does not cope well with the actual legislation which is in force.

I have made the following comment before and it does not seem to cause problems. That is, answer the Public Funds question "Yes", but only tick the relevant benefits in the sponsor's column, and do not tick them in the applicant's column.

tanya111, you mention Child Benefit, but what about Tax Credits? Are you and your husband jointly claiming Tax Credits?
John

tanya111
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Post by tanya111 » Mon Mar 28, 2011 8:35 pm

John wrote:In your circumstances, as explained many times in the Claiming Benefits section, there is no problem one of you claiming Child Benefit, and the two of you jointly claiming Tax Credits.
Thank you so much for all your help and advice. In regards of Child tax credit we thought if my husband earns more than £50K we would not be entitled to get it.

Really appreciate all your guidance.

shimlee143
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Contact:

need healp, appointment booked on 5th april for SET(M)

Post by shimlee143 » Fri Apr 01, 2011 5:41 am

hi john , i have booked my appointment for the ilr and it is on 5th of April 2011, i need your advice on wtc and ctc, me and my wife both are claiming tax credits jointly, my wife is getting ctc and i am getting wtc at the moment its only me who is in paid work, dose it makes any problem tht i am getting working tax credit while i am on british spouse visa ? and another thing can we represnt tax credits award letters as proof for living togeather, please give me the detail advice what i need to do on appointment date
thanks

John
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Post by John » Fri Apr 01, 2011 6:00 am

shimlee143, given the date, I was very tempted to post that there is no way you will get ILR!

But seriously, why on earth do you think you are different from everyone else in the same circumstances?
John

shimlee143
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Post by shimlee143 » Fri Apr 01, 2011 4:09 pm

hi john , wht thing is going to make problem for me ? y its not possible to get ilr in my circumstances? should i cancel my appointment? do i need to do another arrangements to make ilr application? thanks for ur reply john

John
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Post by John » Fri Apr 01, 2011 4:57 pm

should i cancel my appointment?
Why on earth would you want to do that?

I don't understand why you think you have a problem.
John

Jay_707
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Council tax

Post by Jay_707 » Sun May 22, 2011 11:13 pm

Hi there
I am hoping to apply for ILR soon under 10 year long residency. A few years back when I was under student visa, I gave my previous landlord a letter from the educational institute i was studying, confirming that I am a student living in the premises. My question is, in case the landlord has claimed council tax benefits on that will that affect my application? The mortgage was not in my name, and I did not personally claim/ receieve any benefits.

Please could you advice.
Thanks
Jay

sheryar Ahmed
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Child Benefit & Child Tax Credit

Post by sheryar Ahmed » Mon Jun 06, 2011 10:50 pm

Hi

Could any one kindly help me to answer the following questions

I am a non-european national with ILR ,my son aged 3 is now British National and i have to apply for my change my wife statud to a suppose dependant visa on FLR (M) form as i have got ILR now.

Can i claim child benefit and Child Tax Credit on the basis of i have ILR and my son is a british citizen?

Would claiming child benefit and child tax credit affect my wife's visa application as a suppose of a setteled person in the UK?

A precise and clear answer would be highly appreciated.

Just to clarify , i and my wife have never applied or obtained any kind of benefit at all previously.

Regards to every one

John
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Post by John » Tue Jun 07, 2011 6:30 am

Can i claim child benefit and Child Tax Credit on the basis of i have ILR and my son is a british citizen?
You have ILR and therefore you are entitled to claim Child Benefit, and you and your wife jointly can claim Tax Credits.

I am not sure I understand why those claims were not submitted immediately after you were granted your ILR.
John

sheryar Ahmed
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Child Benefit & Child Tax Credit

Post by sheryar Ahmed » Tue Jun 07, 2011 9:30 am

Hi John,

Thank you for your reply , i appreciate your effort.

I didnt claim child benefit and child tax credits as i was not sure if i am or my child is entitled to it now.

Could you please advise if by claiming child benefit and Child tax credit jointly would affect my wife's visaapplication for suppose of setteled person under FLR(M).

Regards

Greenie
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Re: Child Benefit & Child Tax Credit

Post by Greenie » Tue Jun 07, 2011 9:55 am

sheryar Ahmed wrote:Hi John,

.

Could you please advise if by claiming child benefit and Child tax credit jointly would affect my wife's visaapplication for suppose of setteled person under FLR(M).

Regards
the question has already been answered by John. It has also been answered countless times in this section of the forum.

simtaku
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Tax Credits

Post by simtaku » Thu Jul 21, 2011 2:18 pm

I have been having a problem claiming my tax credits and child tax credits for almost 2 yrs now. In November of 2009 I made a new claim to include my husband who was now living permanantly with us. While I am a british citizen and so are our 3 children he is not and is in the country illegally. I have disclosed this information to hmrc. Yesterday I received a letter letting me know that our joint claim would not be paid out because there was no record of 1 adult on the aplication. My question is that can mine and my entitlement be disregarded because of my husbands status. He has not been able to put in an application to regularise his stay because we have not been able to pay for all the relevant stuff needed.
To top it all of I was made redundant begining of this year a few weeks after finding out I was pregnant again with our last child so at the moment we are all surviving on just my maternity allowance and child benefit. I am very confused as I assumed that I would at least be entitled to child tax credits. I hope you can help me understand this.

pads
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Post by pads » Thu Jul 21, 2011 7:10 pm

Hi John or anyone else who can help.

My Question is this My son is a british citizen working full time and renting a three bedroom house.
He is married to an American citizen who is going to apply for a spouse visa to join him in the uk.

They have an 8 month old daughter who is a british citizen. My son has been told that once his wife and child join him in the UK he can claim working tax credit and child tax credit and child benefit all this together totals bout 100 pounds a week.

My question is will the UK border agency take this amount into account when they apply for the spousal visa because without it his case is very borderline even though he is working fujll time.

Apologies if this has already been answered elsewere.

[img]ove%20pads%20x[/img]

John
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Post by John » Thu Jul 21, 2011 9:40 pm

My son has been told that once his wife and child join him in the UK he can claim working tax credit and child tax credit and child benefit all this together totals bout 100 pounds a week.
I confirm, yes.
My question is will the UK border agency take this amount into account when they apply for the spousal visa because without it his case is very borderline even though he is working fujll time.
At first glance, no. A few years ago para 6C was added to the Immigration Rules, and it deals with exactly this point. It reads :-
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)".
In other words, in order to assess whether the financial test is passed or not, it is not possible to take into account benefits that will be payable if P, the visa applicant were to be granted their visa.

However it might be possible to argue that it is the son's presence in the UK that gives the entitlement to the benefits, well certainly as regards Child Benefit and Child Tax Credit, and the son is British and is not P in the wording of para 6C. It is the wife who is P and her coming to the UK does not actually increase the benefits payable.

The counter-argument of course is that the child will only move to the UK with her mother. But from the visa point of view the daughter could come here first, so I don't think that counter-argument holds much ground.

Can I ask, how much is your son earning? And if he already claiming Housing Benefit and Council Tax Benefit?
John

pads
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Post by pads » Fri Jul 22, 2011 7:28 am

My Son is earning 1040 a month. but his rent is 500 pound and his council tax is 68 pound a month.

He dosen't qualify for housing or council tax benefit, but he does get a single persons reduction in his council tax which is why he is only paying 68 pound instead of 90 or thereabouts.

I think when you referred to the son in your post you actually meant his daughter but yes I take your point and I think you are exactly correct there is really nothing stopping my son going to america bringing his child over here claiming tax credits and then applying for the visa.

The problem is of course he dosen't want to take her away from her mother unless absolutely necessary and because he works full time nannan (me) would have to babysit while he was working.

You see the problem.

Thanks very much for replying this whole thing is giving me an headache x

John
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Location: Birmingham, England

Post by John » Fri Jul 22, 2011 8:54 am

My Son is earning 1040 a month. but his rent is 500 pound and his council tax is 68 pound a month.

He dosen't qualify for housing or council tax benefit
That £1040 per month is the gross amount? If so, is he absolutely sure he doesn't qualify for HB and/or CTB? And what about Working Tax Credit?

If £1040 per month is the net amount, how much is the gross amount?
John

pads
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Post by pads » Fri Jul 22, 2011 3:08 pm

That is net john I believe the gross is about 1208.33 I have tried out the benefits calculator myself and it keeps coming up that he dosen't qualify for benefits.

However I think If he succeeds in getting his wife over here I think he would qualify then If she is allowed to claim housing benefit that is another thing I am not sure about I know my son is but will it affect her ILR.

But my main concern was about the tax credits though the housing benefit information would be useful x

Love pads x

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