Sorry another UC issue

Hi

I have read the sticky regarding UC.

My partner is on a 2.5 year visa and has no recourse to public funds.

I followed the guidelines and set up two UC accounts. I made it 100% clear in the free notes that my partner is not eligible. This was followed up and reconfirmed on the phone. She said she understood but needed further advice. I was then told my partner would be set to nil on the claim and didn't have to ID or verify. I thought all good.

I'm worried because my partner received a letter telling her she has failed the residency check and cannot claim. I knew that anyway but won't that show she has tried to claim?

Doesn't this just follow the rules on claiming UC when one partner is No Recourse to Public Funds; must claim as a couple (as their earnings and capital is counted in your claim) but no benefit money for the NRPF?
https://www.gov.uk/government/publicati ... or-couples

It's you claiming for rent via Universal Credit, that your NRPF partner must be careful of-
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

The NRPF partner must also be very careful if their partner is claiming Council Tax Reduction/Council Tax Benefit, for the same reason.

Universal Credit is a monthly welfare benefit for those on very low income with little capital. You can see how Universal Credit works here-
https://www.gov.uk/universal-credit/how ... r-payments

Your NRPF partner working to support himself (as he can't have public funds) will be used in your claim. The earnings he is paid during your joint UC monthly assessment period, will likely reduce your monthly UC allowance as he is expected to help keep you too if you can't work.

Your letter will tell you your monthly work allowance. Assuming your medicals show you are unable to work-

You can earn a certain amount before your Universal Credit is reduced if you or your partner are either:

responsible for a child or young person
living with a disability or health condition that affects your ability to work

This is called a ‘work allowance’. Your work allowance is lower if you get help with housing costs.

If you don't have a child and are of working age (below the UK state pension age) and don't have an excemption from working, you won't have a monthly work allowance (money you and your partner are allowed to earn each month before your monthly UC payment is reduced by 63p in every pound earned).

Thanks for the replies.

I know what UC credit is etc. I did point out that I put in my claim that he doesn't have access to public funds. I was clear on that front so disappointed that some replies seen to implie he should be working and won't have access to funds.

I'm disabled and he looks after me so he cannot work.

I'm only concerned at the letter saying he has failed the UC application. Is this just the normal process for someone who isn't entitled for foreign person on UK UC claim (mine).

Also to be clear I have never hide her we pay full council tax.

crazyfj wrote: ↑

Fri Oct 16, 2020 9:18 pm

Thanks for the replies.

I know what UC credit is etc. I did point out that I put in my claim that he doesn't have access to public funds. I was clear on that front so disappointed that some replies seen to implie he should be working and won't have access to funds.

I was explaining why his name must to be on your claim, as you meet the DWP definition of "partner" and how this means his earnings are then used in your monthly benefit amount (the link was given). Which also means that as a joint claim, both of you are then required to report any of his monthly, earnings, savings, capital too, that either of you have.

crazyfj wrote: ↑

Fri Oct 16, 2020 9:18 pm

I'm disabled and he looks after me so he cannot work.

If you want to keep for hlm from your welfare benefits, that is your choice.

crazyfj wrote: ↑

Fri Oct 16, 2020 9:18 pm

I'm only concerned at the letter saying he has failed the UC application. Is this just the normal process for someone who isn't entitled for foreign person on UK UC claim (mine).

It had to be a joint claim as you have a partner.

From the link and the sticky you read:

1. Definition of a couple

The Department for Work and Pensions counts 2 people as being in a couple if they live in the same household and are:

married to each other
civil partners of each other
living together as if they were married

2. Claiming Universal Credit

If you are part of a couple you and your partner will need to make a joint claim for Universal Credit.

You begin by creating a Universal Credit online account each. The first person to create their account will be given a partner code, which will be displayed on screen.

This code will need to be input by your partner when they register for their Universal Credit online account. This ensures the accounts are joined together and you are correctly claiming as a couple.

Once you’ve created your account a claim can be made for Universal Credit. You’ll have 28 days from creating the account to make a claim. You should aim to complete the application as soon as possible to get your claim started.

If 28 days pass and a claim is not made you’ll need to register for an online account again.

If one of you isn’t eligible, their capital and income may still be taken into account.

https://www.gov.uk/government/publicati ... or-couples

The UK's welfare state will not give him money through Universal Credit as he doesn't pass the HRT (and he won''t until he is granted ILR, but he has to be on your claim as the link showed.
You could phone your Citizens Advice if you want clarification.

crazyfj wrote: ↑

Fri Oct 16, 2020 9:18 pm

Also to be clear I have never hide her we pay full council tax.

That seems to be the single person discount you are talking about, that has now gone as you have another person liable for council tax in your property? It's Council Tax Benefit (or it's replacment Council Tax Reduction) that can cause problems for him if you were claiming the single person discount but are now liable to 100% of the bill as two people are in the property.

The same problem could be if you are claiming the help for your rent through your Universal Credit claim, as explained with the quote and link above.

Having to put a No Recourse to Public Funds partner's name on a low income benefit claim, but them not being able to have benefits, is nothing new. The long awaited Welfare Reforms has Universal Credit replacing the 6 low income benefits and made many, many changes for claimants/those who want to claim, but having to claim as a partner if you have a partner, has not changed.

Claiming as a single when not, is still regarded as benefit fraud. When caught, all the money has to be paid back, even if they would have got the same amount of benefits if they had declared their partner.

I can understand that you want to check and it's good that you/your partner does as it could affect their status in the UK.
Have a read of the immigration staff guidance-

Immigration staff guidance for how to make decisions about what UK public funds foreign nationals can claim and what action it must take if they claim funds they are not entitled to.
https://www.gov.uk/government/publications/public-funds

Thanks for replying.

So having read that I'm happy. Just worried about the next Visa but I have done the correct process advising them re the two of us. As soon as I obtained a marriage visa and she moved to the UK I told the council and correctly stopped my single person discount.

crazyfj wrote: ↑

Sun Oct 18, 2020 8:48 pm

As soon as I obtained a marriage visa and she moved to the UK I told the council and correctly stopped my single person discount.

JB007 wrote: ↑

Fri Oct 16, 2020 9:04 am

It's you claiming for rent via Universal Credit, that your NRPF partner must be careful of-
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

The NRPF partner must also be very careful if their partner is claiming Council Tax Reduction/Council Tax Benefit, for the same reason.

JB007 wrote: ↑

Sat Oct 17, 2020 10:10 am

It's Council Tax Benefit (or it's replacment Council Tax Reduction) that can cause problems for him if you were claiming the single person discount but are now liable to 100% of the bill as two people are in the property.

The same problem could be if you are claiming the help for your rent through your Universal Credit claim, as explained with the quote and link above.