Universal Credit treatment with NRPF Child and Spouse

Aleezafatimah · Post by **Aleezafatimah** » Sat Aug 22, 2020 2:35 pm

Hi valued members.

I have ILR since 2013. We are small family, couple and two children.

My youngest child is British Citizen by birth however my wife and elder child are on spouse dependent VISA of settled person and both of them Biometric cards says "NO RESOURCE TO PUBLIC FUND". Their FLR extension is due in few months.

I am claiming Child benefit for both Children and i know this will not have any affect on my elder child extension as i am claiming not the child and claim is in my sole name.

However, My question is about UC. I've never applied one but circumstances have changed. The controvertial opinions about it confusing me as i donot want to risk my child and wife extensions and ILR. I also know that i will have to make joint claim and need to give my wife detail and VISA conditions so they will disregard her at interview stage. But what about my children element as one is british citizen and other is on dependend Visa? i am confuse how this works without risking their extensions?

I would appreciate your experiences and advices. I hope i am able to put my question across. Should i claim UC or not if i should than how it works as my child and wife is on Spouse Visa? Child tax credits/ working tax credits no longer exist. Thank you for your time and advices.

JB007 · Post by **JB007** » Sun Aug 23, 2020 12:03 am

Aleezafatimah wrote: ↑
Sat Aug 22, 2020 2:35 pm
Hi valued members.

I have ILR since 2013. We are small family, couple and two children.

My youngest child is British Citizen by birth however my wife and elder child are on spouse dependent VISA of settled person and both of them Biometric cards says "NO RESOURCE TO PUBLIC FUND". Their FLR extension is due in few months.

I am claiming Child benefit for both Children and i know this will not have any affect on my elder child extension as i am claiming not the child and claim is in my sole name.

However, My question is about UC. I've never applied one but circumstances have changed. The controvertial opinions about it confusing me as i donot want to risk my child and wife extensions and ILR. I also know that i will have to make joint claim and need to give my wife detail and VISA conditions so they will disregard her at interview stage. But what about my children element as one is british citizen and other is on dependend Visa? i am confuse how this works without risking their extensions?

I would appreciate your experiences and advices. I hope i am able to put my question across. Should i claim UC or not if i should than how it works as my child and wife is on Spouse Visa? Child tax credits/ working tax credits no longer exist. Thank you for your time and advices.

https://www.gov.uk/benefits-calculators

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

Would one of the mods please add the following links to the sticky Universal Credit claim with a partner who cannot have UK public funds

https://www.gov.uk/benefits-calculators

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

JB007 · Post by **JB007** » Sun Aug 23, 2020 12:05 pm

JB007 wrote: ↑
Sun Aug 23, 2020 12:03 am

Would one of the mods please add the following links to the sticky Universal Credit claim with a partner who cannot have UK public funds

https://www.gov.uk/benefits-calculators

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

It was late when I posted the above, but this below might be clearer for that sticky?

It appears that when there is a joint tenancy and only one person can claim Universal Credit, the DWP will only award up to half the housing costs???

The govenment list benefit calculators
https://www.gov.uk/benefits-calculators

On one of those sites it states-
"My partner is a person subject to immigration control

If you are not a person subject to immigration control, but your partner is, rules differ depending on the benefit you want to claim.

Universal Credit

If your partner is a person subject to immigration control you must claim Universal Credit as a single person. However your partner’s income and capital is taken into account.

If your partner’s leave is subject to a no recourse to public funds restriction, you should seek specialist immigration advice before making a claim, if you and your partner are joint tenants. As your partner’s share of the rent is used to calculate the housing element of Universal Credit, this might be considered as recourse to public funds, which could affect their right to remain in the UK."
https://www.turn2us.org.uk/Benefit-guid ... de-content

Aleezafatimah · Post by **Aleezafatimah** » Thu Aug 27, 2020 12:34 am

Thank you for Reply. But i am still confuse. Would applying UC affect negatively to my NRPF wife and NRPF child?
I am over 35 in age and have one British child as well. Can i apply UC only for myself and for my British child only and dont mention NRPF child in application. However i am claiming child benefit for both in my name. How it works?
Govt guidelines are confusing and says NRPF household should seek immigration advice before applying UC.
Child tax credit and working tax credit do not exist anymore. They were fine to apply for NRPF household without risking VISA extensions. But UC replaces them and comes with risk. I am sure many of members on this form must have been in same situation as mine. Therefore i am looking for accurate, to the point answers through experiences. Thank you.

JB007 wrote: ↑
Sun Aug 23, 2020 12:05 pm

JB007 wrote: ↑
Sun Aug 23, 2020 12:03 am

Would one of the mods please add the following links to the sticky Universal Credit claim with a partner who cannot have UK public funds

https://www.gov.uk/benefits-calculators

https://www.turn2us.org.uk/Benefit-
guides/Nationals-of-non-European-Economic-Area-(EEA)-coun/My-partner-is-a-person-subject-to-immigration-cont#guide-content

It was late when I posted the above, but this below might be clearer for that sticky?

It appears that when there is a joint tenancy and only one person can claim Universal Credit, the DWP will only award up to half the housing costs???

The govenment list benefit calculators
https://www.gov.uk/benefits-calculators

On one of those sites it states-
"My partner is a person subject to immigration control

If you are not a person subject to immigration control, but your partner is, rules differ depending on the benefit you want to claim.

Universal Credit

If your partner is a person subject to immigration control you must claim Universal Credit as a single person. However your partner’s income and capital is taken into account.

If your partner’s leave is subject to a no recourse to public funds restriction, you should seek specialist immigration advice before making a claim, if you and your partner are joint tenants. As your partner’s share of the rent is used to calculate the housing element of Universal Credit, this might be considered as recourse to public funds, which could affect their right to remain in the UK."
https://www.turn2us.org.uk/Benefit-guid ... de-content

JB007 · Post by **JB007** » Thu Aug 27, 2020 12:33 pm

Aleezafatimah wrote: ↑
Thu Aug 27, 2020 12:34 am
Govt guidelines are confusing and says NRPF household should seek immigration advice before applying UC.
Child tax credit and working tax credit do not exist anymore. They were fine to apply for NRPF household without risking VISA extensions. But UC replaces them and comes with risk.

Yes, the Welfare Reform laws, which UC is part of, ensures that people can no longer live on the welfare state as a lifestyle choice. The short lived Tax Credits benefits are gone and there is no more claiming extra WTC for a NRPF partner, or claiming UC in another EEA country as happened with Tax Credits. Under Tax Credits, parents could avoid work/working much, but under UC that has ended and both parents have to work as part of their claimant commitment.

The same with all the benefits UC replaces, with the exception on the Income based Jobseeker's Alloawance, as they were always treated as jobseeker's and always had to look for work. Although an EEA citizen coming to look for work in the UK, can't claim UC as they could the old (legacy) benefit income based JSA.

Aleezafatimah wrote: ↑
Thu Aug 27, 2020 12:34 am
I am sure many of members on this form must have been in same situation as mine. Therefore i am looking for accurate, to the point answers through experiences. Thank you.

It's too new. Although Universal Credit took years to become an Act, it was then only rolled out in test areas. It was not that long ago that new claimants could only apply for UC aznd some groups still are not on UC. For exisiting claimants of the old (legacy) benefits, they have either chosen to move to UC; triggered a move to UC; or are waiting for the legacy benefits in their area to end so that they then have to apply for UC.

JB007 · Post by **JB007** » Thu Aug 27, 2020 12:52 pm

Aleezafatimah wrote: ↑
Thu Aug 27, 2020 12:34 am
I am sure many of members on this form must have been in same situation as mine. Therefore i am looking for accurate, to the point answers through experiences.

I cheked the date: Decemeber 2018 was the date that many new low income welfare claimaints could no longer claim the six legacy (old) benefits that Universal replaced under the Welfare Reform laws. The same date for many of the exisitng claimaints who chose to move to Universal Credit, or who found they had triggered a move to UC.

For the Housing Allowance of Universal Credit, UC seems to treat a joint tenancay different. e.g. 3 in that joint tenency but only one can have UC, the UC claim is based on one third of the rent. For a couple, they might base the claim on 100% of the rent even though one is NRPF and we don't know if that is allowed. The DWP are not immigration experts.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Universal Credit treatment with NRPF Child and Spouse

Universal Credit treatment with NRPF Child and Spouse

Re: Universal Credit treatment with NRPF Child and Spouse

Re: Universal Credit treatment with NRPF Child and Spouse

Re: Universal Credit treatment with NRPF Child and Spouse

Re: Universal Credit treatment with NRPF Child and Spouse

Re: Universal Credit treatment with NRPF Child and Spouse