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Tax credits ILR

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

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David88
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Tax credits ILR

Post by David88 » Sun Aug 10, 2014 10:03 am

I am a UK Citizen I recently renewed my Tax credits. My wife who is soon to Apply for the ILR not working(No Recourse to Public Funds endorsed) When i renewed i was told i had to claim as a couple without children I was originally receiving around £40 a week when i was made redundant a little while back and informed the Tax credit HMRC and have cancelled Tax credits as i am on JSA while searching for work my payments will last for interim period 4 weeks after redundancy and payments are over £80 a week now ,The forms they sent are for 2014-2015 payments Part 2 page 4 it clearly states i am getting the 2nd Adult Element April 2014- April 2015 (around £2000 for second adult)I have seen the following rules below and i would be most grateful as to what to do next if this could cause a problem with My wifes ILR do i need to urgently contact HMRC?
Thank-you for any help.


7.1 In April 2009, the Working Tax Credit (Entitlement and Maximum Rate) Regulations were amended to remove entitlement to the second adult of Working Tax Credit (“WTC”) in joint claims where one member of the couple is in the UK illegally and the couple has no responsibility for a child or qualifying young person.

7.2 From 6 April 2010, this restriction is to be extended to include any childless couple in respect of which one partner is subject to immigration control, whether in the UK legally or illegally.

Amber
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Re: Tax credits ILR

Post by Amber » Sun Aug 10, 2014 10:13 am

The 2nd adult element is fine if you have children. If you don't you should be getting it, it may be an administrative error on their behalf, write to them, sending by recorded delivery.
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David88
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Re: Tax credits ILR

Post by David88 » Sun Aug 10, 2014 10:29 am

Hi Amber thanks for your kind reply
The problem is we don't have children
so i need to know what i should do next
to put this right?
Any suggestion as i only wanted my wife on the Tax credit form for ILR

Amber
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Re: Tax credits ILR

Post by Amber » Sun Aug 10, 2014 10:31 am

Amber wrote:The 2nd adult element is fine if you have children. If you don't you should be getting it, it may be an administrative error on their behalf, write to them, sending by recorded delivery.
You should not be getting it:
If neither claimant is responsible for a child or qualifying young person and one member of that couple is subject to immigration control under section 115(9) of the Immigration and Asylum Act 1999(1). However this does not apply where the claimant subject to immigration control is a national of Turkey or Croatia.
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David88
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Re: Tax credits ILR

Post by David88 » Sun Aug 10, 2014 10:50 am

Thanks for your advice Amber
Good Luck ,Dave

David88
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Help Pls Claiming Tax Credits

Post by David88 » Sun Aug 10, 2014 1:10 pm

Hi advisers,
Could you please clarify something:I am married with no Children
I have been claiming Tax Credits in My Name ONLY as a UK Citizen As my Wife is
unable to claim because waiting for ILR Application and" No Recourse to Public Funds."

Recently on the renewal and through a telephone call to HMRC i was advised
i must include my partner's Name and NI number on the form as i'm married and she is here on a Settlement Visa so now in the new forms and
She has been added as the second adult
which i have been advised today on the site is clearly wrong .
Would HMRC accept me as a single claim with only my name on the forms I have always given my name only on my Tax Credits Why can't i have the opportunity to do this from renewal? This could cause problem with her ILR
just because she is here living
with me in the UK, this surely has nothing to do with her( with no right to public funds to her.)
Any help would be appreciated thanks

Amber
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Re: Tax credits ILR

Post by Amber » Sun Aug 10, 2014 1:30 pm

You must claim as a couple, not a single person!

If they've made an error, I.e. You told them that you spouse was subject to immigration control, it shouldn't be recoverable. It should not affect your spouse's ILR. Go to your local CAB for further assistance.
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David88
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Re: Tax credits ILR

Post by David88 » Sun Aug 10, 2014 1:43 pm

Thank-you Amber i will phone HMRC and get this sorted out
and advice them of their error so its on record of the mistake
Thanks from Dave.

David88
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Tax Credits 2nd Adult

Post by David88 » Mon Aug 11, 2014 8:13 pm

Dear Forum Advisers
I have contacted the Tax Credit Office today about
the 2nd Adult Tax credit elements and was assured by an adviser
that although my wife is subject to No Recourse to public funds,
and we have no children The paperwork of the renewal award stating
the 2nd Adult has to be mentioned as only a Breakdown on the paperwork and the award is
only to me and paid into my Bank Account with Her Name on the award too as a joint claim as were married
and does not affect my wife as it is only me that is claiming and i must make the joint claim.
And UKBA see many of these Joint name claims i was told so it seems there is no problem.
although this is different advice i was given on the forum.
Regards David.

Amber
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Re: Tax credits ILR

Post by Amber » Mon Aug 11, 2014 8:32 pm

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David88
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Re: Tax credits ILR

Post by David88 » Mon Aug 11, 2014 9:31 pm

Thanks Amber
i understand from your kind advise now
regards ,David

Rajan1972
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Re: Tax credits ILR

Post by Rajan1972 » Wed Aug 13, 2014 2:45 pm

I am planning to apply for ILR and I have some concerns regarding the child benefit I claimed earlier. I am a citizen of India and my first visit to UK was in 2003 on work permit. I didn't know that I was not eligible for child benefit and started receiving it. However after a few months I realized that I am not elible and tried to refund the amount credited to me. However they didn't accept and started paying me more (including the refund amount I returned). I left UK in 2004.
I came back in 2010 and will be shortly eligible for ILR.During this 5 years I haven't claimed any benefits. WIll the record of my earlier stint claiming child benefit be a reason for ILR rejection. I don't have any proof that I tried to play them back etc. since it was 10 years back.
What are options you suggest. Any advise would be highly appreciated.

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Re: Tax credits ILR

Post by Amber » Wed Aug 13, 2014 3:15 pm

I wouldn't worry about it.
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Rajan1972
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Re: Tax credits ILR

Post by Rajan1972 » Thu Aug 14, 2014 2:07 pm

Amber wrote:I wouldn't worry about it.
Thanks Amber. However in the question whether I have ever claimed benefits, should I mention yes?
Interestingly when I called up the child benefits department, they have no history that I have claimed benefits back in 2003 and my attempted refunds etc. against my National Insurance Number. The agent also seemed confused. Not sure what other reference I gave while claiming that time.

Now should I say yes or no.

Amber
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Re: Tax credits ILR

Post by Amber » Thu Aug 14, 2014 11:59 pm

I believe the question on SET(O) is are you claiming public funds now is it not?
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Rajan1972
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Re: Tax credits ILR

Post by Rajan1972 » Fri Aug 15, 2014 8:31 am

Amber wrote:I believe the question on SET(O) is are you claiming public funds now is it not?
Yes..I realized it is Set(O). I guess I can safely say No.

Rajan1972
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Re: Tax credits ILR

Post by Rajan1972 » Fri Aug 15, 2014 8:31 am

Amber wrote:I believe the question on SET(O) is are you claiming public funds now is it not?
Yes..I realized it is Set(O). I guess I can safely say No.

mkzp
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Re: Tax credits ILR

Post by mkzp » Fri Aug 15, 2014 10:36 am

Agree with Rajan

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