Spouse visa & UC

Dear Sirs,

If anyone comes to the UK with a spouse visa and no public fund mentioned in the visa but the partner is a British citizen and in universal credit.

Then the partner can and the spouse in the universal credit claim as a couple?

That would be ok or affect any future extension for spouse visa/|LR etc.

please do let me know.

Thanks

Tina16 wrote: ↑

Thu Oct 20, 2022 1:08 pm

Dear Sirs,

If anyone comes to the UK with a spouse visa and no public fund mentioned in the visa but the partner is a British citizen and in universal credit.

Then the partner can and the spouse in the universal credit claim as a couple?

That would be ok or affect any future extension for spouse visa/|LR etc.

please do let me know.

Thanks

The spouse cannot collect any kind of public funds. If the BC wants to collect by him or her self, fine. But not as a couple.

Ticktack wrote: ↑

Thu Oct 20, 2022 1:32 pm

The spouse cannot collect any kind of public funds. If the BC wants to collect by him or her self, fine. But not as a couple.

It would be benefit fruad if they did not decale their partner to Universal Credit; or most other welfare benefits

Tina16 wrote: ↑

Thu Oct 20, 2022 1:08 pm

If anyone comes to the UK with a spouse visa and no public fund mentioned in the visa but the partner is a British citizen and in universal credit.

Then the partner can and the spouse in the universal credit claim as a couple?

You MUST claim UC a couple, so that your partner is linked to your UC claim.

The income and any capital of your No Recourse to Public Funds partner, will then be taken into account to calculate your Universal Claim, but you must not take extra UC payments for them, because UC is a public fund.

There can be a problem for the NRPF partner with renting if the contract is in both names, because of the way UC is calculated. The same with you claiming Council Tax Allowance/Reduction/Benefit; but you must tell the council your partner is in the property.

Have a read of the sticky and all the links in it, on how to avoid your partner accidently taking public funds, which would be a breach of their visa conditions.
claiming-benefits/universal-credit-clai ... 02126.html

It's your responsibilty to advise of your changes or travelling abroad, for each of the benefits you claim.

It doesn't read like you will have to advise of your partner for your PIP benefit-

Change of circumstances

You must contact the Personal Independence Payment (PIP) enquiry line if:

your personal details change, for example your name, address or doctor
the help you need or your condition changes
your condition has worsened and you’re not expected to live more than 6 months
you go into hospital or a care home
you go abroad
you’re imprisoned or held in detention
your immigration status has changed, if you’re not a British citizen

You could be taken to court or have to pay a penalty if you give wrong information or do not report a change in your circumstances.

How to report a change of circumstances

Contact the PIP enquiry line to report a change of circumstances.

https://www.gov.uk/pip/change-of-circumstances


Claiming benefits if you live, move or travel abroad
https://www.gov.uk/claim-benefits-abroad

Thanks a lot for the replies.

I would just like to know if the spouse just arrived with a spouse visa but the partner is already British and in universal credit then the partner should mention it to the UC and get the couple entitled amount...right?

Tina16 wrote: ↑

Thu Oct 20, 2022 8:56 pm

I would just like to know if the spouse just arrived with a spouse visa but the partner is already British and in universal credit then the partner should mention it to the UC and get the couple entitled amount...right?

As explained above and as the links I gave show, you MUST tell Universal Credit you now have a partner. It is benefit fraud if you do not tell them.
Benefit Fraud
https://www.gov.uk/benefit-fraud


Read the links I gave in my posts above. They are very important to ensure he does not breach his visa conditions by accidently taking public funds through any of your benefits.


In short, for Universal Credit (which is a public fund)
- you MUST put him on your Universal Credit claim to link his name to your claim, becaue as the links I gave above show, he is now part of your household. It will be benefit fraud if you don't tell them.
- you won't don't extra benefit money for him (the couples rate) as he is No Recourse to Public Funds. You will still get the single amount.
-his earnings and any capital he has, will reduce your monthly Universal Credit benefit payment.
-if he doesn't work and doesn't have any capital, then you will have to pay for him from the same benefit money you get now, the single rate (which will be a big struggle).

JB007 wrote: ↑

Fri Oct 21, 2022 9:02 am

-his earnings and any capital he has, will reduce your monthly Universal Credit benefit payment.

I've just looked this up.

For every £1 you or your partner earns, your monthy UC payment goes down by 55p, until your UC amount is £0.

While you claim Universal Credit, it's unlikely his working will stop your UC conditions that you had to agree to to be able to have UC. e.g. go to the job centre; go on work experience; apply for jobs they tell you too; look for more hours/better paid job etc.

The PIP you claim is an in-work benefit.
You or your spouse working, will not reduce your PIP payment as this is not means tested. The PIP payment will not end if he has savings or capital, for the same reason.

Two wages will go furrther than one wage as there will be two people to share the bills.

If you were claiming the 25% single person discount for council tax, don't forget to tell the Council that you now have a partner living with you.