No public funds and carers allowance

Hi iam from canada and iam now living in uk into my second brp card until 2023 when i go for permanent,problem is as my husband is now ill receiving pip and esa would i be entitled to carers allowance to help him with his needs as iam here 3 years now would there be an exception here maybe,my husband is uk born and reared lived here since birth. Any help would be great to have.
Thankyou

T1801 wrote: ↑

Sat Jan 16, 2021 10:26 pm

Hi iam from canada and iam now living in uk into my second brp card until 2023 when i go for permanent,problem is as my husband is now ill receiving pip and esa would i be entitled to carers allowance to help him with his needs as iam here 3 years now would there be an exception here maybe,my husband is uk born and reared lived here since birth. Any help would be great to have.
Thankyou

Carer's Allowance is public funds and is not a lot of money, but it gives a Natioanal Inurance Credit towards a UK state pension if that person doesn't work (and therefore doesn't pay their own contributions towards a UK state pension). Some partners cannot have Carer's Allowance because they work as well as care for their partner, but they contrubote towards their state pension via their wages when they pay National Inusurance.

The UK State Pension is now only paid based on a persons own National Insuance record for a UK state pension.

Carer's Allowance is a Public Fund and you are not allowed public funds until you have been granted ILR. Your husband being born in the UK does not give you access to public funds.

Make sure that with his ESA, and any other benefits he is claiming, that he is not taking extra benefit money (public funds) for you as you are not allowed public funds. Have a read-
https://www.turn2us.org.uk/Benefit-guid ... de-content


This is out of date for EEA/CH citizens and for any agreements the EU made with non-EU countires that the UK had to follow before 1 january 2021,I assume because and the UK has not updated the The Immigration and Asylum Act 1999 Benefits section yet, due to all the laws the UK are changing now they have left the EU. However, you can see any recipical agreements non-EEA countries have with the UK which will still stand and Canada is at the bottom of page 58 and page 59.
These agreements generally let a person access contributory benefits that are not considered public funds for immigration purposes.However, a prospective entitlement to such benefitsmay not be relied on to meet the maintenance and accommodation requirements of the Immigration Rules.
https://www.gov.uk/government/publications/public-funds

Hi thankyou very, very much for replying to my query. Iam absolutely delighted with the info. I am in the process of applying but i will now call the office and with draw my application.would this leave us safe as i have not received any fundsvor beed accepted yet.
Thankyou.

T1801 wrote: ↑

Sun Jan 17, 2021 2:03 pm

Hi thankyou very, very much for replying to my query. Iam absolutely delighted with the info. I am in the process of applying but i will now call the office and with draw my application.would this leave us safe as i have not received any fundsvor beed accepted yet.
Thankyou.

If it were me, I would follow the phone call to the DWP telling them you are subject to immigration control and can't take public funds, with a letter refering to that phone call/date/time and a name if you can get it. Keep proof of posting/proof of signing that the DWP received that letter, to avoid any misunderstanding at a later date.

The benefit agencies are not immigratioin advisors and if they do give you anything, you can refer to your phone call and letter and ask for instructions on how to return the money to them. It's safer to back up all these phone calls in writing.

It's worth reading the links I gave, to avoid taking what you are not allowed.

I don't know your age and whether you have a private pension and Canadian state pension, but you can read more on a UK state pension and how that is based on your own qualifying (tax) years. Here is one site- https://www.citizensadvice.org.uk/debt- ... e-pension/

If you are sent money and therefore have to return it, keep the receipt.

You are safe if you don't take public funds.

Hello all,
Thankyou thankyou for the info.will put it to good use and will now do as you all advise.thankyou again kathy

Assuming your husband is British, there is an argument that you can claim Carer’s Allowance, there is a case at the Upper Tribunal at the moment on this matter. I’ll let you know the outcome.

Hi
Yes he is a British citizen,thankyou so much for your kindness,would love to hear the outcome of that hearing,will be looking out for info on it, please let me know if you could and nee rules regarding this allowance.
Peace
Kathy