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ILR Parents and BC Children

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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vlabathomas
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ILR Parents and BC Children

Post by vlabathomas » Sun Jan 10, 2021 9:36 am

Hi

Our both kids have got BC via our ILR status and we kept ILR.

I was employed as an IT engineer in an ir35 role and I lost my job during this pandemic and my wife is now on maternity leave.

Can someone tell me what all are the benefits I can apply for us, please during this pandemic?

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CR001
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Re: ILR Parents and BC Children

Post by CR001 » Sun Jan 10, 2021 9:44 am

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

JB007
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Re: ILR Parents and BC Children

Post by JB007 » Sun Jan 10, 2021 10:49 am

The title is misleading.

The OP doesn't appear to be talking about the welfare benefit callled Pension Credit, but is asking about a National Insuance Credit towards a UK state pension: by keeping his personal income low to avoid paying NI Class 2 (for the self employed, towards a state pension) and using the Child Benefit NI Credits Class 3 for a child under 12.

His accountant will know how to keep his earings low for tax purposes andhow to obtain the NI Credit from Child Benefit. The accountant will also know if he can show a low earnings to then claim some Child benefit money.

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Re: ILR Parents and BC Children

Post by JB007 » Sun Jan 10, 2021 12:02 pm

I'm not sure if they can have any other benefits. Universal Credit has returned the UK benefits to what they were invented fore, a short term help to those who are destitute. The Welfare Reforn Bill started in 2009.

UC ends all the loopholes the SE/Directors used to claim the low income welfare benefits such as Tax Credits and their taxable income is not the amount that UC uses. UC treat these as SE and Directors. e.g. landlords have capital in their let property as well as a taxable income allowance - under UC, the value of the property they don't live in is now used under the capital calulations and can end their UC claim.
Even if the SE/Directors can claim UC, they have to produce their books to the job centre when told and UC has a weekly MIM for the SE. Unlike the low income benefits that UC replaces, on UC, (both) parents have to work.

The same for those SE who have a failed business/hobby business and use that to live on welfare instead and avoid the job centre/work experience/visit the wrok proividers- that ends on UC becasue of the MIM and because both parents have to work. Their low payment NI Class 2 payments, or NI Credits from welfare benefits, does not allow them to have contribution based JSA etc.

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Re: ILR Parents and BC Children

Post by JB007 » Sun Jan 10, 2021 12:19 pm

JB007 wrote:
Sun Jan 10, 2021 12:02 pm
Their low payment NI Class 2 payments, or NI Credits from welfare benefits, does not allow them to have contribution based JSA etc.
I should clarify that the National Insurance Credit given by the benefit now called New Style JSA (used to be called Contribution Based JSA), gives a Class 1 NI credit, which can in some circumstances, be used for contribution based benefits.

Contribution based benefis are for those who were in PAYE employment and therefore paid Class 1 NI. Their capital and income of a partner is not used in the New Style JSA benefit calculation.

Universal Credit only gives a Class 3 NI Credit.

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Re: ILR Parents and BC Children

Post by JB007 » Sun Jan 10, 2021 12:34 pm

Sorry. I misread the thread and thought this was the
Self-Employment and Pension Credits thread.

Would a mod please delete my three posts as they have nothing to do with the question this OP asked. thanks

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Re: ILR Parents and BC Children

Post by JB007 » Sun Jan 10, 2021 12:55 pm

vlabathomas wrote:
Sun Jan 10, 2021 9:36 am
Our both kids have got BC via our ILR status and we kept ILR.

I was employed as an IT engineer in an ir35 role and I lost my job during this pandemic and my wife is now on maternity leave.

Can someone tell me what all are the benefits I can apply for us, please during this pandemic?
The correct thread this time :D

Self Employed? If you have been self employed, then you can't claim Contribution Based JSA. CB JSA would not take into account any savings/capital etc or the income of a partner, but you need to have been employed and PAYE tax, and paying Type 1 Natioinal Insurance for the last 2 tax years, to have contribition based benefits

Have a read and see if it is worth you claiming Universal Credit, or if you can claim Universal Credit. If you are already claiming some of the benefits that UC is replacing, then you might be worse off if you make a claim for UC instead, so do read the link. Once you apply for UC, you can't go back to the old benefit/s you were claiming, even if you are refused Universal Credit.
https://www.citizensadvice.org.uk/benef ... al-credit/

Are you claiming Child Benefit? This benefit is nothig to do with Universal Credit.
https://www.gov.uk/child-benefit

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Re: ILR Parents and BC Children

Post by JB007 » Sun Jan 10, 2021 1:27 pm

This post is on the correct thread :D

In addition to the above, the benefit calulators calulate on the benefit rules that day, even if there are known changes.

The additional £90c a month given via UC because of the pandemic, ends in April.
The MIF (Minimum Income Floor) that Self Employed have on Universal Credit; that can reudce the UC payment; is only waived due to the pandemic, until April.
We don't know if either will be extended.

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