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Moderators: Casa, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, push, JAJ, ca.funke, Amber, zimba, vinny, Administrator
Amber wrote:Please note that there are new benefits rates effective from April 2014 which will need to be used in order to calculate adequate maintenance levels.
Following the Upper Tribunal case of Ahmed [benefits; proof of receipt; evidence] Bangladesh [2013] UKUT 84 [IAC] and the Immigration directorate instructions Annex F Chapter 8 Family Members - Maintenance And Accommodation (click) (include a copy) at page 4, paragraph 5.2, staff considering an application for entry clearance, leave to remain, further leave to remain or indefinite leave to remain must demonstrate calculations detailing the actual financial position of the applicant/sponsor in all cases that fall for refusal using the following formula:
A – B ≥ C
A minus B is greater than or equal to C.
Where:
A is the projected NET income (after deduction of income tax and national insurance contributions);
B is what needs to be spent on accommodation (rent/mortgage and council tax); and
C is the amount of Income Support an equivalent British family of that size can receive.
For the purpose of income, benefit income can be used as income as per Immigration directorate instructions Annex F Chapter 8 Family Members - Maintenance And Accommodation, paragraph 5.2(a). No benefit income is said to be excluded in the Immigration directorate instructions.
Key rates 2014/15 should be:
Income support rate for a:
couple £113.70 per week/£492.70 per calendar month
single person over 25: £72.40 per week/£313.73 per calendar month
each dependent child: £66.33 per week/£287.43 per calendar month
income support family premium: £17.45 per week/£75.62 per calendar month.
e.g. using these calculations a couple with two children would need to show:
£113.70 for couple
£17.45 family premium
£66.33 x 2, for each dependant child
=£263.81 per week left over after deducting rent/mortgage and council tax.
A couple with no children would need to show £113.70 per week remaining after rent/mortgage and council tax is deducted.
See
Benefit Rates 2014
Hello Amber, can you please please?I want my husband and 2kids twins age 15 to apply for settlement visa I'm receiving pip £54.45,I earn £560 to £650 a month, received child benefit £20.50 a week, working tax credit disability element and child tax £203.02 a week, housing benefit £131.00 a week. please help I can't work out if am entitled to maintenance please? thank youAmber wrote:I don't understand the concept there. You are claiming income based JSA and yet you say you won't claim ESA as it's a public fund, you don't think IB-JSA is?
Indeed, to meet the requirements for WRAG ESA you would need to have at least 15 points on the activities subject to the provision of Regulation 29. See http://www.disabilityrightsuk.org/emplo ... e-overview
Hello Amber,I'm new here can you please please? I want my husband and 2kids twins age 15 to apply for settlement visa I'm receiving pip £54.45a week working tax credit disability element and child tax credit £203.02,housing benefit £131.00 a week, child benefit 20.50 a week, I also work ans earn £560.00 to £660.00 a month. please help I can't work it out if I'm entitled for the maintenance? Thank youAmber wrote:It can be based on last month's wages, supplying 4 should be fine.allwell46 wrote:Dear members
Can someone please advise on the following calculations of the adequate maintenance please, As I am preparing FLR M application of my wife, while my SET LR application is being processed
A. total net income (Mine)
B. housing cost (mortgage + council tax)
C. total net income - housing cost
D. total income if family were on income support (income support for couple 112.55 + income support for each child 65.62 + family premiums 17.40)
E. comparison of net income after housing cost With total income if family were on income support
If C is greater than D then that means I have adequate maintenance and application is good to go. please advise
I also need advise on the followings please
Most people says show 3 months earnings (3 months payslips) but If I show 3 months then I don't fulfil according to the above, but If I show 4 months payslips then I am fine, Shall I show 3 months or 4 months,
Also My wife is self employed, Do I HAVE to show her earnings in the adequate maintenance or its optional, I simply don't wanna go for hassle because you know I have pay some to accountant for paperwork, also there are lots of paper work involved. Please advise, Shall I say in the form she is working but I am solely responsible for the adequate maintenance or some better statements please.
Many thanks for reading and replying.
Thank you very much for your reply, its was my lawyer who done the calculation and send it to me without the paragraph now i have to 'convince' him to add it as its was difficult to make him do it in the first place.Amber wrote:You should lay it out as I did, that was done for a reason.
The updated version is, http://www.immigrationboards.com/immigr ... 05533.html
HI Amber.Amber wrote:You should lay it out as I did, that was done for a reason.
The updated version is, http://www.immigrationboards.com/immigr ... 05533.html