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Universal Credit & 'no recourse to public funds'

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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jmd111
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Posts: 16
Joined: Sun Dec 01, 2019 7:47 pm

Universal Credit & 'no recourse to public funds'

Post by jmd111 » Tue May 05, 2020 1:21 pm

Hey guys,

I was born in the UK and my partner is on a spouse visa that says 'No recourse to public funds' on the back. I am the main claimant (partner is on furlough)

We have been made aware that we can only apply for UC as a couple as are renting a 1 bed flat together (both names on the tenancy agreement). Chatted to citizens advice and they said a claim may still be possible but to ensure 'No public funds' is made clear.

I don't want this to have any negative effect on my partners immigration status, can anyone offer some clarity?

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

Re: Universal Credit & 'no recourse to public funds'

Post by JB007 » Tue May 05, 2020 2:13 pm

jmd111 wrote:
Tue May 05, 2020 1:21 pm
Hey guys,

I was born in the UK and my partner is on a spouse visa that says 'No recourse to public funds' on the back. I am the main claimant (partner is on furlough)

We have been made aware that we can only apply for UC as a couple as are renting a 1 bed flat together (both names on the tenancy agreement). Chatted to citizens advice and they said a claim may still be possible but to ensure 'No public funds' is made clear.

I don't want this to have any negative effect on my partners immigration status, can anyone offer some clarity?
Read the thread three below yours, that Casa has replied to.

In addition to what Case said in that thread, you can't take extra money for your NRPF wife through your benefit claim. Which would mean that for help with your rent-
If you are under age 35, this will mean you can't have the couple LHA rate and will have the (lower) Local Housing Allowance shared accommodation rate (SAR) applied to your claim.

Those 35+ get the higher Local Housing Allowance Couple Rate, even if they are single. Being age 35+ would mean you are not taking extra benefits for your NRPF wife.

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

Re: Universal Credit & 'no recourse to public funds'

Post by JB007 » Tue May 05, 2020 2:31 pm

jmd111 wrote:
Tue May 05, 2020 1:21 pm
I was born in the UK and my partner is on a spouse visa that says 'No recourse to public funds' on the back. I am the main claimant (partner is on furlough)
If you are still working and your wife is on furlough, did the CAB do a benefits check to see if you had too much money for a payment on UC?

jmd111
Newly Registered
Posts: 16
Joined: Sun Dec 01, 2019 7:47 pm

Re: Universal Credit & 'no recourse to public funds'

Post by jmd111 » Tue May 05, 2020 2:41 pm

Thanks for the reply. I’m under 35 and have been made redundant. This is my first time applying and only had the interview today. Our capital is only just under 16K and our rent works out at around £1600 a month.

Am I right in thinking that moving to a SAR rate and taking into the above will mean the amount will be so low its not really worth claiming? The last thing I want is for this to have any effect on the immigration status so starting have doubts as to if it's worth pursuing.. :?

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

Re: Universal Credit & 'no recourse to public funds'

Post by JB007 » Tue May 05, 2020 5:24 pm

jmd111 wrote:
Tue May 05, 2020 2:41 pm
Thanks for the reply. I’m under 35 and have been made redundant. This is my first time applying and only had the interview today. Our capital is only just under 16K and our rent works out at around £1600 a month.

Am I right in thinking that moving to a SAR rate and taking into the above will mean the amount will be so low its not really worth claiming? The last thing I want is for this to have any effect on the immigration status so starting have doubts as to if it's worth pursuing.. :?
The LHA Shared Room rate is lower than the couple rate, but is still a good help. If you are not working, then you need help.

The requirement to attend the job centre when claiming UC is not there atm because the job centres are closed. The government have also relaxed the need for those on Universal Credit to look for work atm. They have also temporarily increased some allowances due to covid-19.

Have a check on the governmnet site for the shared room rate in your area but remember these are the maximum they will pay before other deducations (savings/capital/your wife's income).
https://lha-direct.voa.gov.uk/Search.aspx

UC is made of up allowances and replaces benefits like income based jobseekers and Housing Benefit. Have a read here.
https://www.gov.uk/universal-credit/what-youll-get

Casa expains how UC will work for your wife in this thread
claiming-benefits/i-am-british-citizen- ... 00719.html

You can't backdate a Universal Credit claim, it will go from the date you applied.

You can check to see that your monthly standard allowance is the single amount and the LHA Shared Room from the links in this post, to see that you are not being given extra for your wife.

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