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Universal credit help!

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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Universal credit help!

Post by Busted » Wed Mar 13, 2019 11:51 am

Hi All.
I have been looking around on web sites regarding universal credit, my wife and daughter and step daughter recently came from China my daughter on British passport and wife and step daughter on 10 year route.
my question is about child benefit can i claim it for my daughter and maybe step daughter? and now they and tax credits are in this universal credit not sure if i can claim this without affecting there visas.
could someone point me in right direction or where to get advice on this matter as internet has little on this.
Thank to anyone in advance

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Casa
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Re: Universal credit help!

Post by Casa » Wed Mar 13, 2019 1:33 pm

Busted wrote:
Wed Mar 13, 2019 11:51 am
Hi All.
I have been looking around on web sites regarding universal credit, my wife and daughter and step daughter recently came from China my daughter on British passport and wife and step daughter on 10 year route.
my question is about child benefit can i claim it for my daughter and maybe step daughter? and now they and tax credits are in this universal credit not sure if i can claim this without affecting there visas.
could someone point me in right direction or where to get advice on this matter as internet has little on this.
Thank to anyone in advance
Your local Citizens Advice Bureau (CAB), will be able to provide advice on claiming Universal Credit.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

JB007
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Re: Universal credit help!

Post by JB007 » Wed Mar 13, 2019 2:42 pm

Busted wrote:
Wed Mar 13, 2019 11:51 am
my question is about child benefit can i claim it for my daughter and maybe step daughter? and now they and tax credits are in this universal credit
Child Benefit is not part of Universal Credit. If you are allowed Public Funds, claim Child Benefit in your own name only.

JB007
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Re: Universal credit help!

Post by JB007 » Wed Mar 13, 2019 2:53 pm

As the CAB are very busy, Universal Credit has a capital cap of 16k. 16k and over means you can't claim UC.

Under the old benefit system, you could have sponsored on savings and still claim the benefit called Child Tax Credits.

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Re: Universal credit help!

Post by Busted » Wed Mar 13, 2019 3:22 pm

Thanks for tips
I'm UK citizen, child benefit, last question i can claim for my child and the child on no recourse to public funds?

JB007
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Re: Universal credit help!

Post by JB007 » Wed Mar 13, 2019 3:35 pm

Busted wrote:
Wed Mar 13, 2019 3:22 pm
Thanks for tips
I'm UK citizen, child benefit, last question i can claim for my child and the child on no recourse to public funds?
You are the one claiming the benefit, not the children, and you can have Public Funds.

You get Child Benefit if you’re responsible for one or more children under 16 (or under 20 if they stay in approved education or training). There’s no limit to how many children you can claim for.
https://www.gov.uk/child-benefit

We aren't sure how this works with Universal Credit, that's why you were told to go to the CAB. You can't backdate a Universal Credit claim.

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Re: Universal credit help!

Post by Busted » Tue Mar 26, 2019 4:17 pm

Finally had my appointment with the citizens advice and what a disappointment that was they gave advice on what i could get for Universal credit for a single person and one child and child benefit, but they had no idea if it would preclude my wife and step daughter when they extend.

Is there anywhere you can get specialist advice on this?

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Re: Universal credit help!

Post by JB007 » Tue Mar 26, 2019 6:17 pm

Busted wrote:
Tue Mar 26, 2019 4:17 pm
Finally had my appointment with the citizens advice and what a disappointment that was they gave advice on what i could get for Universal credit for a single person and one child and child benefit,
And you can't claim low income benefits as a single person because you have a partner and to do so would be benefit fraud.
Busted wrote:
Tue Mar 26, 2019 4:17 pm
but they had no idea if it would preclude my wife and step daughter when they extend.

could someone point me in right direction or where to get advice on this matter as internet has little on this.
If the CAB don't know if taking low income benefits will affect you wife's visa, then I can't think who else would.

Did you realise that on Universal Credit, both parents have to work? It's not like the old benefit (legacy) system where parents could just state how low their income is and benefits topped up their wage.

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Re: Universal credit help!

Post by JB007 » Tue Mar 26, 2019 6:29 pm

How old is your youngest child? What is the joint weekly earnings for you and your wife?

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Re: Universal credit help!

Post by Busted » Sat Mar 30, 2019 6:48 am

Youngest is 1 and around 450 net

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Re: Universal credit help!

Post by JB007 » Sat Mar 30, 2019 9:10 am

Is that your weekly wage? That would mean you earn £23,400 net per year and about £29,000 gross. That doesn't make sense because you would have enough to sponsor your wife and stepchilld on the 5 year route, instead of the 10 year route you say they are on?

For future use, and just in case that weekly wage is a typo-
Universal Credit is a monthly claim.
There is a minimum weekly amount for both parents to earn, to avoid UC conditions - being treated as a jobseeker and doing all the things jobseekers already have to do. This required earnings is based on the age of the yougest child for just one of the parents and the other must work full time. You can read more about Universal Credit here-
https://www.gov.uk/universal-credit/what-youll-get



However, as your partner is subject to immigration control, we don't know if you will be able to claim any low income benefits for her and your stepchild, as you could have for both under the old Tax Credits benefit.


You said the CAB calcualted what you would get for just for you and your British citizen child. You can play around with the Universal Credit calulator to see what you would get IF you could claim for your wife and stepchild too. On just under 30K, it won't be a lot, unless you live in an expensive area.
https://benefits-calculator.turn2us.org.uk/AboutYou


However, that still doesn't help you with a Universal Credit claim and partner being subject to immigration control. I have just tried to use this calculator, but as soon as I go to the part about a partner who is not a British citizen, and then that they have Limited Leave to Remain, it comes up with this-


"If you have Limited Leave to Remain or Enter you usually have no recourse to public funds. This means that you cannot claim most benefits, or have someone else's benefit claim increased to cover you. If a claim is made it may affect your right to remain in the UK.

You should seek specialist advice before going any further if you, your partner or child have Limited Leave to Enter or Remain.."



But doesn't say where to get that specialist advice from.

I'm not being much help to you, but if the CAB doesn't know, I have no idea who to seek that specailist advice from.

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