benefits and ILR please help

nini5 · Post by **nini5** » Sat Oct 24, 2009 10:29 pm

i am living with my bristish husband who is claiming esa benefit because of his medical condition which does not allow him to work at the moment.his is also claiming housing and council tax benefit . i am earning about Â£900 month and i have credit card, store card, food, bills and loan to pay for and also a driving course that will unable my husband to work when he recovers and it is very difficult.I know that i am not entitle to claim any benefit . when applying for Indefinite leave to remain as spouse , is my application will be refused because my husband is claiming housing and council tax benefit? my name is on the tenancy agreement.

Post by **John** » Sat Oct 24, 2009 10:47 pm

esa benefit

Maybe it's because it is late, but at this time of night, I have to ask, what is "esa"?

his is also claiming housing and council tax benefit as a single person.

Are you telling us that :-

the two of you don't live together?, or
he has failed to disclose your income to the HB and CTB office? If not, why not?

Also, are the two of you jointly claiming Tax Credits? Again, if not, why not?

nini5 · Post by **nini5** » Sat Oct 24, 2009 11:02 pm

esa=Employment and Support Allowance, fulfilled the National Insurance contribution conditions for that benefit, and so has been awarded contribution-based ESA (at any rate).

The program will derive the amount in receipt, based on which phase of ESA applies (Assessment, Work-related activity, or Support), and on the person's age.

we are living together, so we went to the housing benefit and gave them my ni and pay slip, so awaiting response.
i went online and read too much and got confused. one says that if british husband claiming benefit on his name then it won t affect the person subject to immigration, then when checking with dwp they say that we must complete another form.

we are not claiming any tax credit and i don t want too anyway

i am not the benefit type. one thing is that if dwp decide that i am fully liable for rent and council tax i will be in a bit of financial trouble especiall with the course i am paying for so that my husband can get back to work when he gets better.

Wanderer · Post by **Wanderer** » Sun Oct 25, 2009 6:57 am

If he's claiming HB and CTB as a single person and you are living together then you are committing benefit fraud. Well, he is....

nini5 · Post by **nini5** » Sun Oct 25, 2009 8:47 am

if you have read it, i said that we have been to the housing and completed the form and gave my ni and payslip and waiting for their reply. so we have not commited any fraud so far. my concern is if the fact that he is claiming hb and ctb will affect me when applying for ILR.

meats · Post by **meats** » Sun Oct 25, 2009 8:56 am

nini5 wrote:if you have read it, i said that we have been to the housing and completed the form and gave my ni and payslip and waiting for their reply. so we have not commited any fraud so far. my concern is if the fact that he is claiming hb and ctb will affect me when applying for ILR.

You said in your original post that he was claiming single person council tax benefit. If that is the case then that is fraud as you are living with him.

nini5 · Post by **nini5** » Sun Oct 25, 2009 9:07 am

sorry that was before we moved in together. i have just edited the post. sorry for confusion.because of my job at the time and the distance,i was still at my flat which was about 30 minutes away from work. i have found a job now in the london area and moved in with him not long ago.

Post by **John** » Sun Oct 25, 2009 9:14 am

You said in your original post that he was claiming single person council tax benefit. If that is the case then that is fraud as you are living with him.

I fear you are confusing the 25% single occupant discount with Council Tax Benefit. Two totally different things.

If he's claiming HB and CTB as a single person and you are living together then you are committing benefit fraud. Well, he is....

Absolutely no fraud involved here if the husband, in solely his name, claims HB and CTB, as long as his wife's income is disclosed.

esa=Employment and Support Allowance, fulfilled the National Insurance contribution conditions for that benefit, and so has been awarded contribution-based ESA (at any rate).

OK, all contribution-based benefits are not within the definition of Public Funds.

we are not claiming any tax credit and i don t want too anyway

i am not the benefit type. one thing is that if dwp decide that i am fully liable for rent and council tax i will be in a bit of financial trouble especiall with the course i am paying for so that my husband can get back to work when he gets better.

If no amount of HB or CTB is due, looks like the two of you might need to submit a joint claim for Tax Credits!

nini5 · Post by **nini5** » Sun Oct 25, 2009 9:20 am

thank you very much John, I was really confused. I read so many different stuffs regarding this and was really confused. we do not want to claim any wtc at all, we don't think that it will be much anyway.money will be tight but we will manage. thanks

Post by **John** » Sun Oct 25, 2009 10:07 am

we do not want to claim any wtc at all

Is there any particular reason for that?

nini5 · Post by **nini5** » Sun Oct 25, 2009 10:11 am

not really. it just that we don't think we will get much with wtc. i earn about 235 a week after tax and together we will probably get Â£2 maximum a week i guess

Wanderer · Post by **Wanderer** » Sun Oct 25, 2009 10:55 am

John wrote:
If he's claiming HB and CTB as a single person and you are living together then you are committing benefit fraud. Well, he is....
Absolutely no fraud involved here if the husband, in solely his name, claims HB and CTB, as long as his wife's income is disclosed.

OP also claimed..

his (sic) is also claiming housing and council tax benefit as a single person

..but later edited it out which somewhat breaks the point of the thread up for me - annoying!

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benefits and ILR please help

benefits and ILR please help