Meeting £18600 MIR but due to COVID British partner recieve UC, Carer and DLA. (Ongoing temporary loss of income)

All Respected Members,
Hope you all are doing well.
Experienced and expert reviews would be highly appreciated.

I can understand this topic has been discussed a lot here. (Sorry about that). However, here is a bit different kind of situation.

Summary:

Non-EEA (wife) on spouse visa working full-time self-employed and earned more than MIR (Minimum income requirement) £18600 for the last full financial year. Her British Partner is on Carer/DLA and after the Covid also claimed UC on his name as the wife's ongoing self-employment was affected. Once he applied for the UC, he had declared to DWP that his spouse is ineligible for any public funds as per her visa conditions. DWP acknowledged that and he is getting a single UC rate. However, they said regardless of her ineligibility to public funds. You will need to add her Self-employment income and expenses every month in the UC journal online (Whatever she earns) as her income will be calculated towards your UC.

As you know that if you receive a carer allowance or DLA then you are exempt from MIR £18600 and as a British citizen, one can claim any benefit and count towards meeting the 'adequate maintenance & accommodation' category.

I am aware that claiming the UC may affect the spouse visa (as explained in turn2us.org) in a normal spouse visa application under the MIR 1£8600 but my question is if someone comes under the adequate maintenance and accommodation category WOULD CLAIMING the UC (by a British partner) HAVE AN EFFECT ON NEXT SPOUSE EXTENSION?

Hope to get some valuable replies/suggestions from a person/member who has already experience a similar kind of situation.

Thank you all

seeking_advice778 wrote: ↑

Fri Jan 22, 2021 10:16 pm

I am aware that claiming the UC may affect the spouse visa (as explained in turn2us.org) in a normal spouse visa application under the MIR 1£8600 but my question is if someone comes under the adequate maintenance and accommodation category WOULD CLAIMING the UC (by a British partner) HAVE AN EFFECT ON NEXT SPOUSE EXTENSION?

It's not just the British citizen claiming Universal Credit, it's a joint claim for Universal Credit as they are partners.
claiming-benefits/universal-credit-clai ... 02126.html

The NRPF partner cannot have public funds: be careful if renting and the tenancy is in joint names as the NRPF partner might be be taking benefit money that they are not allowed to take.

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

seeking_advice778 wrote: ↑

Fri Jan 22, 2021 10:16 pm

As you know that if you receive a carer allowance or DLA then you are exempt from MIR £18600 and as a British citizen, one can claim any benefit and count towards meeting the 'adequate maintenance & accommodation' category.

Who is he claiming Carers Allowance for?

seeking_advice778 wrote: ↑

Fri Jan 22, 2021 10:16 pm

However, they said regardless of her ineligibility to public funds. You will need to add her Self-employment income and expenses every month in the UC journal online (Whatever she earns) as her income will be calculated towards your UC.

Only becasue of the exemtion until April, because of the pandemic: we don't know yet if that will be extended again. Self Employed have to meet the MIF.

The MIF is an assumed level of earnings. This is based on what we would expect an employed person to receive in similar circumstances.

It’s calculated using the National Minimum Wage for your age group, multiplied by the number of hours you are expected to look for and be available for work. It also includes a notional deduction for tax and National Insurance.

If your self-employed earnings are below the MIF we have calculated for you, we will use the MIF to work out your Universal Credit award instead of your actual earnings.
https://www.gov.uk/government/publicati ... uick-guide

https://www.moneyadviceservice.org.uk/e ... f-employed

Number of hours expected to work for Universal Credit claimants-
https://www.gov.uk/universal-credit/you ... sibilities

seeking_advice778 wrote: ↑

Fri Jan 22, 2021 10:16 pm

Her British Partner is on Carer/DLA

And how is he on DLA, when that benefit has been replaced by PIP?

This thread from the Claiming Benefits board is also worth a read; that; and the links in there; is about being careful if the Universal Credit welfare benefit is wanting to be claimed when a partner/children are No Recourse to Public Funds
claiming-benefits/how-can-i-stop-uc-wif ... 10279.html

Thanks alot JB007 for such a valuable information and advice.


DLA/carer and UC all claimed by a British partner for a british child.

No additional amount of benefit rate is calculated for Non- EEA (Spouse).

There is information on ADEQUATE MAINTENANCE & ACCOMODATION guidance notes that if you relying on this catagory then British partner can claim any public funds on his/her name along with any income from Employment/self-employment/ cash saving and so on.

In this case we will use full financial year self employment (19/20) income of a Non-EEA Spouse as well as evidence of On- going self employment along with the UC/carer and DLA letters/statements.


We are applying soon and will update the results here.