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Help whilst on private life 10year route

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

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Monserrat
Junior Member
Posts: 70
Joined: Sat Dec 03, 2016 10:10 pm

Help whilst on private life 10year route

Post by Monserrat » Wed Jul 20, 2022 4:24 pm

Hello I'm seeking advice for my uncle currently in hospital since march after a stroke. Is it possible for a husband and wife on a 10 year route to settlement (private life) with a British child to receive help from the government( benefits) regarding care due to physical disability after the husband had a stroke? They are on no recourse to public funds BRP but I wonder since their situation is very bad due to medical issues.
If so, what help can he get?? I'm just asking as we are just trying to think of ways they may get help financially.

Please advise on this matter. My uncle and his wife are on a private life visa based on their British citizen son who is now 15years old. They have 7.5 years and are due to renew their visa next year to add another 2.5. years. My uncle is still in hospital since March following a brain infection/seizures then coma which caused a stroke. He is awake now. And had actually been told he wouldn't make it. He now has several limitations and is currently going through physical rehabilitation but it will be a long road to recovery and possibly limited mobility even afterwards. He will need carers upon discharge as he can't walk and only uses the left side of his body. He has worked within care full time all these past years.

I've been thinking about the way forward upon discharge as he will need support. Is it possible to apply for accomodation/support with carers/ funding for equipment? My aunt works full time now but even with her income increase without my uncles income it seems it will be hard for her financially. Their British son lives together with them and I just wondered as parents of a British child can they apply for support or can the British citizen child apply for benefits and support?
Has anyone got any thoughts to share on the matter please.

Many thanks

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

Re: Help whilst on private life 10year route

Post by JB007 » Thu Jul 21, 2022 5:21 am

Monserrat wrote:
Wed Jul 20, 2022 4:24 pm
I'm just asking as we are just trying to think of ways they may get help financially.
...
My uncle and his wife are on a private life visa based on their British citizen son who is now 15years old.
...

Is it possible to apply for accomodation/support with carers/ funding for equipment? My aunt works full time now but even with her income increase without my uncles income it seems it will be hard for her financially. Their British son lives together with them and I just wondered as parents of a British child can they apply for support
What you seem to be asking for is Public Funds, when they have no recourse to public funds. Public Funds are social care, most welfare benefits, social housing and homelessness assistance. They can try to ask for their NRPF to be lifted.

But be aware that their British child is nearly an adult and welfare benefits that some parents claim for a child/ren, can end when that child is age 16 and the parents then have to provide evidence of their further non-advanced education. The Welfare Reform laws have also reduced the maximum age that a parent can claim Universal Credit for their adult (18 plus) "child": Universal Credit is a Public Fund that replaced 6 low income welfare benefits.
Monserrat wrote:
Wed Jul 20, 2022 4:24 pm
or can the British citizen child apply for benefits and support?
A child can't receive public funds for their parents. Just as an adult child (age 18 plus) can't have public funds for their parents either.



Contribution based benefits are not public funds as they are based on contributions (working). Does he qualify for New Style ESA (used to be called Contribution Based ESA)? With contribution based benefits, savings and what their partner earns does not reduce the payment. Which would mean his wife could work more hours/find a better paid job and her earnings would not affect her husband's contribution based ESA payment.

https://www.gov.uk/guidance/new-style-e ... -allowance

https://www.entitledto.co.uk/help/emplo ... tion-based

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

Re: Help whilst on private life 10year route

Post by JB007 » Thu Jul 21, 2022 7:32 am

JB007 wrote:
Thu Jul 21, 2022 5:21 am
Contribution based benefits are not public funds as they are based on contributions (working). Does he qualify for New Style ESA (used to be called Contribution Based ESA)? With contribution based benefits, savings and what their partner earns does not reduce the payment. Which would mean his wife could work more hours/find a better paid job and her earnings would not affect her husband's contribution based ESA payment.

https://www.gov.uk/guidance/new-style-e ... -allowance

https://www.entitledto.co.uk/help/emplo ... tion-based
I should have added that those articles are written for those whose can have public funds. i.e. Universal Credit is a public fund.



Also, your Uncle should be receiving sick pay from his employer. Has he looked to see how long he will get that and what the terms are/when that reduces to half pay?
You cannot get less than the statutory amount. You can get more if your company has a sick pay scheme (or ‘occupational scheme’) - check your employment contract.
https://www.gov.uk/statutory-sick-pay

Monserrat
Junior Member
Posts: 70
Joined: Sat Dec 03, 2016 10:10 pm

Re: Help whilst on private life 10year route

Post by Monserrat » Thu Jul 21, 2022 9:25 am

Thanks so much for your replies we will look more into the points for considerations you have mentioned. It's hard to say for sure as he is still in hospital in terms of what help he is entitled to from the government and what needs he will have but already we were given a

The hospital did not give a sick note just a letter to say he is in hospital. As far as sick pay goes the hospital has said they cannot give a sick note until after someone has left the hospital because it's meant to be for someone who is recovering at home and needs time to recover with the prospect of going back to work so they can give dates e.g 2month sick note or a 6months depending on things. It is Not for someone still being treated in hospital. We asked the doctor too and he said the same. He can only back date the sick note upon his release from hospital to when he was initially admitted so she can be paid from back then. So work has said they will not start paying sick note and have referred issue to HR. He only got paid for two months after admission since then nothing until they have an official sick note instead of a letter simply stating he is hospital. We don't know much about the law regarding that so we keep trying to contact them but it's been a slow process.

Thanks again for your reply and will update as go what we found out worked for his circumstances.

Many thanks

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

Re: Help whilst on private life 10year route

Post by JB007 » Thu Jul 21, 2022 1:49 pm

Perhaps speak to his GP about getting Fit Notes (they changed the name from Sick Notes) to give to his employer. His GP will be getting reports from the hospital for their records.
JB007 wrote:
Thu Jul 21, 2022 7:32 am
Also, your Uncle should be receiving sick pay from his employer. Has he looked to see how long he will get that and what the terms are/when that reduces to half pay?
You cannot get less than the statutory amount. You can get more if your company has a sick pay scheme (or ‘occupational scheme’) - check your employment contract.
https://www.gov.uk/statutory-sick-pay


Did he take out private insruance for salary loss off ill?
Last edited by JB007 on Thu Jul 21, 2022 1:54 pm, edited 6 times in total.

Monserrat
Junior Member
Posts: 70
Joined: Sat Dec 03, 2016 10:10 pm

Re: Help whilst on private life 10year route

Post by Monserrat » Thu Jul 21, 2022 8:20 pm

I'm not so Sure about the private insurance it doesn't seem so at the moment. Thanks about the Fit notes I wasn't aware about those we will try it that way too. Your thoughts have been so valuable to us you have no idea. Really appreciate it.

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