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Will child element of universal credit affect NRPF condition

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

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Ren3223
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Will child element of universal credit affect NRPF condition

Post by Ren3223 » Fri Oct 01, 2021 8:48 pm

Hi all,
First time posting here so I apologize if this is in the wrong area.
I currently have special guardianship for a child who has been granted Leave to remain in 2019 and I am a British citizen. However before applying for the FLRP Application in August 2018. I applied for universal credit in march 2018 as a single person. I disclosed all information to work coach about the Childs immigration status and that I am not claiming any benefits. I also gave them a letter confirming this. I was then approved for universal credit with the child element. I wanted to ask if it would affect the No Recourse To Public Fund condition on his Immigration condition.

Many Thanks for your time and reply

Ren

JB007
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Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: Will child element of universal credit affect NRPF condition

Post by JB007 » Sat Oct 02, 2021 9:06 am

Ren3223 wrote:
Fri Oct 01, 2021 8:48 pm
I currently have special guardianship for a child who has been granted Leave to remain in 2019 and I am a British citizen.
...
I was then approved for universal credit with the child element. I wanted to ask if it would affect the No Recourse To Public Fund condition on his Immigration condition.
If the child is NRPF, all these site says to get specialist immigration advice before claiming. Benefit staff are not immigration experts.

https://www.turn2us.org.uk/Benefit-guid ... de-content

Scroll down to "If your child is subject to immigration control, but you're not".
https://www.citizensadvice.org.uk/immig ... n-control/

Also the "update" section on this page.
https://medium.com/adviser/universal-cr ... aaf9ceac43

gf23
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Joined: Sat Oct 16, 2021 8:15 am

Re: Will child element of universal credit affect NRPF condition

Post by gf23 » Sat Oct 16, 2021 8:23 am

I believe it should not affect your claim as you being a British citizen are entitled to this in your own right. However this will not count towards any maintenance undertaking when it comes to extended visa or applying for settlement. This is supported in the NRPF government guidelines found at
https://assets.publishing.service.gov.u ... ds-v18.pdf

Page 37
"An application for permission to stay should not be refused if:

• a sponsor needs to claim more public funds to support the applicant, but these
are funds to which the sponsor and dependant would be jointly entitled - for
example, if the increased funds fall under the tax credits regulations, such as
Working or Child Tax Credits, then you must not regard the applicant as having
accessed public funds.

JB007
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Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: Will child element of universal credit affect NRPF condition

Post by JB007 » Sat Oct 16, 2021 7:52 pm

gf23 wrote:
Sat Oct 16, 2021 8:23 am
I believe it should not affect your claim as you being a British citizen are entitled to this in your own right. However this will not count towards any maintenance undertaking when it comes to extended visa or applying for settlement. This is supported in the NRPF government guidelines found at
https://assets.publishing.service.gov.u ... ds-v18.pdf

Page 37
"An application for permission to stay should not be refused if:

• a sponsor needs to claim more public funds to support the applicant, but these
are funds to which the sponsor and dependant would be jointly entitled - for
example, if the increased funds fall under the tax credits regulations, such as
Working or Child Tax Credits, then you must not regard the applicant as having
accessed public funds.
"jointly entitled" appears to refer to when one partner is allowed public funds and the other partner is NRPF. Also, the Tax Credit welfare benefit has been replaced by Universal Credit welfare benefit and has different rules to Tax Credits. e.g. A partner who can have public funds was allowed to claim more benefit money (the second adult element of Working Tax Credit) for their NRPF partner on their joint claim, but Universal Credit does not allow this claiming extra benefit money for a NRPF.

At the moment some claimanats are still on the old benefit system of Tax Credit Welfare benefit while others are on the new welfare benefit Universal Credit. Meaning those on Tax Credits are not in breach of their visa for taking extra pubnlic funds but those on UC can be.

JB007
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Joined: Sun Jan 20, 2019 2:14 pm

Re: Will child element of universal credit affect NRPF condition

Post by JB007 » Sat Oct 16, 2021 8:04 pm

JB007 wrote:
Sat Oct 16, 2021 7:52 pm
Meaning those on Tax Credits are not in breach of their visa for taking extra pubnlic funds but those on UC can be.
I should have added, not in breach of the visa if they take the second adult elelment of WTC AND have a child.

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