FLR(M) application, claiming childcare element of Universal Credit

[BecomingIrishCitizen]

My husband has a FLR(M) visa application with no recourse to public funds. I am a British citizen with a British child and we both work full time. We are aware he is unable to claim UC but he had to attend the commitments/habitual test meetings anyway as advised by UC helpline. We know we are not entitled to UC but we are claiming the childcare element costs because I have migrated from tax credits over to UC. They have said to my husband that we might not be entitled to UC at all due to my husband not being entitled to any benefits whatsoever, including the childcare element. I don’t see how that is the case as I am a British citizen, claiming childcare costs so that we can work? Which is what I, myself, am entitled to. We had no problems on tax credits. Do we have to be entitled to UC AND the childcare element or can it be one or the other? We’ve had nothing but problems and undue stress since migrating!

[JB007]

We had no problems on tax credits.

Tax Credits was a different type of benefit, different rules, requirements and benefit amounts. For some strange reason, it never was in line with the other low eanings benefits. Now the Tax Credit benefit has ended, this element in the replacement benefit is in line with the other low earnings benefits. They have added stricter requirements too.

Do we have to be entitled to UC AND the childcare element or can it be one or the other?

You can't have the childcare element benefit payment of Universal Credit if you are not claiming Universal Credit.

Have you looked to see if you can be given any help with your childcare costs?
https://www.gov.uk/childcare-calculator

We’ve had nothing but problems and undue stress since migrating!

Benefits change all the time and it is never a good idea to rely on these when looking at migrating to the UK. The UK announced about the overhaul of the UK benefits system over a deade ago, before the Welfare Reform Bills even started on their long weary way through parliament.

Any benefit calulators only use the present rules to calculate any benefits, even when all the changes that will be coming in are known and might come in the next day!

[JB007]

We know we are not entitled to UC but we are claiming the childcare element costs because I have migrated from tax credits over to UC.

You won't have any transitional protection (protection from getting benefit money cuts for a while) because you were on "natural migration" - you triggered your move from the legacy benefits to Universal Credit - if you are allowed to claim UC. You say you are not allowed to claim Universal Credit.

"Managed migration" (where the DWP move people off the old legacy benefits and they sign for Universal Credit), will have some limited transitional protection, but managed migration has not started yet.

Most claimants won't have transitional protection.

[JB007]

"Transitional Protection is an extra 'transitional' amount which tops up your Universal Credit award so that you are not worse off when you move onto Universal Credit.

Transitional Protection is only for some people and it is not available to anybody yet.

People who are claiming Universal Credit at the moment are people who have had a change which meant they had to make a new benefit claim. These people are called 'natural migrants'. Transitional Protection is not available to them.

Transitional Protection will only be available to people who are moved over to Universal Credit even though nothing has happened which makes them start a new benefit claim. These people are called 'managed migrants'."
...
"The Department for Work and Pensions (DWP) is planning to start 'managed migration' in July 2019."
https://www.turn2us.org.uk/Benefit-guid ... protection


That is not to say those on managed migration will keep that transitional protection for long e.g. 3 months of not earning the weekly total both parents must now earn, will lose their transtional protection (that extra benefit amount).

[BecomingIrishCitizen]

We had no problems on tax credits.

Tax Credits was a different type of benefit, different rules, requirements and benefit amounts. For some strange reason, it never was in line with the other low eanings benefits. Now the Tax Credit benefit has ended, this element in the replacement benefit is in line with the other low earnings benefits. They have added stricter requirements too.

Do we have to be entitled to UC AND the childcare element or can it be one or the other?

You can't have the childcare element benefit payment of Universal Credit if you are not claiming Universal Credit.

Have you looked to see if you can be given any help with your childcare costs?
https://www.gov.uk/childcare-calculator

We’ve had nothing but problems and undue stress since migrating!

Benefits change all the time and it is never a good idea to rely on these when looking at migrating to the UK. The UK announced about the overhaul of the UK benefits system over a deade ago, before the Welfare Reform Bills even started on their long weary way through parliament.

Any benefit calulators only use the present rules to calculate any benefits, even when all the changes that will be coming in are known and might come in the next day!

Thanks for your reply.

I’ve already explored other avenues and the tax free childcare we’ve already used and it isn’t benefiting us much. They only pay 20% of the childcare costs which still doesn’t give us enough income to cover bills or run our vehicles to get to work each month. The 85% childcare costs by universal credit works out better for us. How can they expect parents to work if they are not paying childcare like tax credits did? It’s no wonder people are starting to give up!

[JB007]

Thanks for your reply.

I’ve already explored other avenues and the tax free childcare we’ve already used and it isn’t benefiting us much. They only pay 20% of the childcare costs which still doesn’t give us enough income to cover bills or run our vehicles to get to work each month. The 85% childcare costs by universal credit works out better for us. How can they expect parents to work if they are not paying childcare like tax credits did? It’s no wonder people are starting to give up!

Universal Credit pays 85% towards chlldcare for claimants and the Tax Credit benefit paid 70%. Many could not claim Tax Credit and they paid their own childcare and lived accordingly. The same with Universal Credit, not everbody will not be able to have this benefit either as it is means tested. But at least now those earning under 100k for one person, will get some financial help with childcare too, which is a fairer system.

The Tax Credit benefit has not been around for long and before that parents always paid for their own childcare. They made budget cuts accordingly when they decided to have children and they certainly could not afford to run two cars.

You said here that your husband is on the ten year route which would mean that you did not earn 18.6 to sponsor him.
ireland/what-process-do-we-go-through-t ... l#p1771925

Can you and your husband get better paid jobs? Work more hours? Sell one of your cars? If you google, there are plenty of sites around that give people advice how to cut their spending and still live well, when you post the forum a Statement of your affairs (all your monthly spending).

[JB007]

You can still claim Child Benefit (in your name only) as that is nothing to do with Universal Credit.

You will both be better off from this month as the Personal Allowance is now £12,500, which is the amount of income each that you do not have to pay tax on. £25,000 coming in to your household will be tax free.

[BecomingIrishCitizen]

Thanks for your reply.

I’ve already explored other avenues and the tax free childcare we’ve already used and it isn’t benefiting us much. They only pay 20% of the childcare costs which still doesn’t give us enough income to cover bills or run our vehicles to get to work each month. The 85% childcare costs by universal credit works out better for us. How can they expect parents to work if they are not paying childcare like tax credits did? It’s no wonder people are starting to give up!

Universal Credit pays 85% towards chlldcare for claimants and the Tax Credit benefit paid 70%. Many could not claim Tax Credit and they paid their own childcare and lived accordingly. The same with Universal Credit, not everbody will not be able to have this benefit either as it is means tested. But at least now those earning under 100k for one person, will get some financial help with childcare too, which is a fairer system.

The Tax Credit benefit has not been around for long and before that parents always paid for their own childcare. They made budget cuts accordingly when they decided to have children and they certainly could not afford to run two cars.

You said here that your husband is on the ten year route which would mean that you did not earn 18.6 to sponsor him.
ireland/what-process-do-we-go-through-t ... l#p1771925

Can you and your husband get better paid jobs? Work more hours? Sell one of your cars? If you google, there are plenty of sites around that give people advice how to cut their spending and still live well, when you post the forum a Statement of your affairs (all your monthly spending).

We’ve tried working more hours but it wasn’t worth it as the more we worked, the more we was paying out on childcare costs. We don’t want to work anymore hours than we have to as we want to spend time with our child who is only 2 years old. We have cut out spending significantly! We don’t smoke; drink; we don’t do anything for leisure, we don’t go on holidays.. I know many people who do not work at all get more money and better lifestyle than we do. Sorry I shouldn’t be comparing or complaining but we’ve already got jobs that we are qualified for and we’ve worked overtime which has not benefit us at all. The amount of tax we got taken off us was unreal.