Adequate maintenance - spouse/2month break from work

[Aliaqib]

Hiya,

I’ve posted here before but this is for my younger brother who got married in Pakistan last year.

He receives carers allowance because he looks after my mum.

He was working part time aswell (the maximum he’s allowed whilst receiving Carers Allowance.

He gets £490.00 per month from work and £264.60 per month carers allowance. The total incomes £756.60 per month.

The only issue now is that he’s had a baby. The baby’s in Pakistan.

My question is, how much money do we have to show per week for his income on the adequate maintenance with him now having a child aswell. I would really appreciate any help because we getting told different things by different people.

Thanks

[geoeng]

My question is, how much money do we have to show per week for his income on the adequate maintenance with him now having a child aswell. I would really appreciate any help because we getting told different things by different people.

Thanks

Always best to go right to the official guidance (linked below), which also has many helpful examples and a link to Income Support rates. For the adequate maintenance route, net income (A) minus housing costs (B) must be equal to or greater than what an equivalent British Family would receive on Income Support (C).

A - B > C

https://assets.publishing.service.gov.u ... x_1_7A.pdf

[Aliaqib]

Ok I think it’s been established that he can meet the requirements. He’s currently living with my parents rent free and they’re happy to give letter to say this. His only expenses are food etc which isn’t a problem.

My next question is, he has 4 months payslips and payment showing going into his account. He then had to take unpaid leave because he needed to take care of my mum. He stopped work at the beginning of September at which point he has the four months. He went back to work in November. Because of the break of two months, does this mean he has to start the 6 months again? He ca provide a letter from his employer to say he had taken unpaid leave

[Aliaqib]

Hi I’ve posted elsewhere aswell.

It’s established my brother is exempt from the financial requirements of 18,600 because he’s in receipt of carers allowance. His income is £186.16 per week in total. He lives with parents so no rent etc. Just his expenses food etc.

He is working part time (within the hours permitted). He has 4 months wage slips/payment going into his account each month from May to August. He took unpaid leave of 8 weeks to look after my mum because she got unwell.

He went back to work in November, so basically there was a two month gap. So his payments have resumed.

Any help guidance would be appreciated. Thanks
Now I know we have to provide statements for 6 months. My question is, because he took the unpaid leave of 8 weeks, does this mean he has to start 6 months again, or can the previous 4 months and the next two months be added to make the 6 months?

He can provide a letter from employer to say he was still employed but took unpaid leave.

[seagul]

12. Where a person is in receipt of Carer’s Allowance, Disability Living Allowance, Severe Disablement Allowance, Industrial Injuries Disablement Benefit, Attendance Allowance or Personal Independence Payment or Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme or Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme, or a Police Injury Pension, all the following must be provided:
(a) Official documentation from the Department for Work and Pensions, Veterans Agency or Police Pension Authority confirming the current entitlement and the amount currently received.
(b) At least one personal bank statement in the 12-month period prior to the date of application showing payment of the amount of the benefit or allowance to which the person is currently entitled into their account.

https://www.gov.uk/guidance/immigration ... d-evidence

[geoeng]

Now I know we have to provide statements for 6 months. My question is, because he took the unpaid leave of 8 weeks, does this mean he has to start 6 months again, or can the previous 4 months and the next two months be added to make the 6 months?

There does not appear to be a requirement to have worked for 6 months for the adequate maintenance route.

From Section 5.3 - Earnings from Employment:
"b) Payslips covering the period of 6 months prior to the date of application or such shorter
period as the current employment has been held."

[Aliaqib]

Now I know we have to provide statements for 6 months. My question is, because he took the unpaid leave of 8 weeks, does this mean he has to start 6 months again, or can the previous 4 months and the next two months be added to make the 6 months?

There does not appear to be a requirement to have worked for 6 months for the adequate maintenance route.

From Section 5.3 - Earnings from Employment:
"b) Payslips covering the period of 6 months prior to the date of application or such shorter
period as the current employment has been held."

But I thought despite the person being in receipt of the benefits listed, in this case, carers allowance, even though there is exemption o£18600, we still have to prove adequate maintenance. In that he still has to show he will be able to provide for her and have an income of around £170 upwards. Because he does not have any other income other than the £256 carers allowance and the £488 pcm. Absolutely mind boggled

[geoeng]

we still have to prove adequate maintenance. In that he still has to show he will be able to provide for her and have an income of around £170 upwards. Because he does not have any other income other than the £256 carers allowance and the £488 pcm. Absolutely mind boggled

Yes, sorry, I meant the employment duration does not appear to necessarily have to have been at least 6 months and that shorter periods of employment could be considered for meeting the income requirement using the adequate maintenance route. The examples in the guidance document have some pretty good representations of how to combine different income sources to see if the requirement is met.