ILR and Pension Credit

highlandspring · Post by **highlandspring** » Sun Sep 20, 2020 9:20 am

My mother in law (76 years old ) was granted ILR to remain outside of the rules on health grounds and came to live with us in Jan 2018. During her appeal hearing I said to the court that I could support her without the need to claim benefits, that is noted in the judge's ruling.

Her residence card doesn't make any mention of restrictions it says "Settlement" Then "Indefinite leave to enter outside of the rules"

With Covid I am now working part time and my wife is on Furlough leave and we are struggling financially.

We would like to apply for Pension credit as my mother in law is from Ukraine and the state pension there is only about £30 monthly.

Is this OK ? How to check if there is any condition preventing a claim? We don't want to risk her status in any way as it was a real struggle for us to get her here etc.

Thanks for any advice.

JB007 · Post by **JB007** » Sun Sep 20, 2020 10:03 am

highlandspring wrote: ↑
Sun Sep 20, 2020 9:20 am
My mother in law (76 years old ) was granted ILR to remain outside of the rules on health grounds and came to live with us in Jan 2018. During her appeal hearing I said to the court that I could support her without the need to claim benefits, that is noted in the judge's ruling.

Her residence card doesn't make any mention of restrictions it says "Settlement" Then "Indefinite leave to enter outside of the rules"

With Covid I am now working part time and my wife is on Furlough leave and we are struggling financially.

We would like to apply for Pension credit as my mother in law is from Ukraine and the state pension there is only about £30 monthly.

Is this OK ? How to check if there is any condition preventing a claim? We don't want to risk her status in any way as it was a real struggle for us to get her here etc.

Thanks for any advice.

If you have given am maintenance undertaking then she can not have low income benefits.
Nor can she have contribution based benefits, for 5 years.
It is an offence under the Social Security Administration Act 1992 for a sponsor not to maintain people who they are responsible for who then claim contributory based benefits because of this
Page 28
https://www.gov.uk/government/publications/public-funds

A 76 year old won't each much, surely you can feed her? She could use her Ukraine state pension for any toiletries she needs if you can no longer afford to buy those for her.

euresidentGB · Post by **euresidentGB** » Wed Sep 23, 2020 8:03 pm

Hi

I dont think you can claim pension credit. Her status will be affected when her initial visa expires and you apply for an extension.

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ILR and Pension Credit

ILR and Pension Credit

Re: ILR and Pension Credit

Re: ILR and Pension Credit