my Child receiving DLA, Does it affect my ILR

[ypk]

Hi, I am on workpermit and my wife is on dependent visa (both are from INDIA)and we have very clean history of living in UK. we are going to apply for ILR in november 2010. My child is born in UK and receiving DLA from last two years. she did not have any passport yet. i spoke to DLA officer when application was made initially, he said as my child does not have any immigration status she is eligible for DLA and also said actually child is receiving DLA not me or my wife. i am bit worried now it might affect my ILR even though DLA officer said above. does any one come across similar situation? am i breached conditions of immigration?pls advise me.
if i am in breach of immigration conditions, what is the best options to rectify it? what are the options to get ILR with out any problems?

[ypk]

some one reply to my problem please.

[Wanderer]

some one reply to my problem please.

Pretty certain you can't claim any benefits for you or ur dependants until you get ILR, the child is not British so is not entitled.

[John]

Wanderer, I agree that he cannot claim DLA in respect of him or his dependants, but is that is what is actually happening? If we were talking about Child Benefit, well that is claimed by a parent, in respect of the child, but with DLA I am not sure that is the case.

ypk, could you please pull out the DLA documentation? Who does it show as the claimant? Is it you (or your spouse)? Or is the claimant shown as the child?

If the claimant is indeed the child then I don't think you have a problem. But if the claimant is you (or your spouse) then there is indeed a problem.

[Wanderer]

Wanderer, I agree that he cannot claim DLA in respect of him or his dependants, but is that is what is actually happening? If we were talking about Child Benefit, well that is claimed by a parent, in respect of the child, but with DLA I am not sure that is the case.

ypk, could you please pull out the DLA documentation? Who does it show as the claimant? Is it you (or your spouse)? Or is the claimant shown as the child?

If the claimant is indeed the child then I don't think you have a problem. But if the claimant is you (or your spouse) then there is indeed a problem.

So you are saying John that a non-British child is entitled to DLA in it's own right? Doesn't seem possible, researching as I type I found this;

"Children under 16 cannot claim Disability Living Allowance in their own right, so usually you will claim this for your child if you are their parent or guardian."

Also this:

"What is meant by 'present'?
The person claiming the benefit must be physically present in Great Britain. However, there are some situations in which they can be treated as present in Great Britain despite being abroad (see below).

What does 'ordinarily resident' mean?
There is no precise definition of this in the law but it generally refers to a place where they normally live, providing there is some continuity about their stay in a way that could be described as settled."

To me that means the OP doesn't qualify for DLA (if it is DLA!) as the child cannot claim, only the parent, and they have to be settled, and AIUI that would to me mean at least ILR or PR.

[ypk]

Thanks for your reply John and Wanderer.
DLA document is addressed to me and below it reads as follows:
You are dealing with the a claim for .......(My child name). Remember that the information in this letter is about them.
So Does it mean my child is claiment here, is it right?
I have spoken to DWP person few times and explained him my/my wife visa status and also about No recoures to public funds. But he strongly said it is my child claiming benifits as she doesnt have immigaration status.
Its really difficult to understand immigration rules. also i read in 'no recourse to public funds' document, that people should contact related department to find more information if in dout.
can you suggest me what i should if i am doing worng. please help me.

[Wanderer]

Thanks for your reply John and Wanderer.
DLA document is addressed to me and below it reads as follows:
You are dealing with the a claim for .......(My child name). Remember that the information in this letter is about them.
So Does it mean my child is claiment here, is it right?
I have spoken to DWP person few times and explained him my/my wife visa status and also about No recoures to public funds. But he strongly said it is my child claiming benifits as she doesnt have immigaration status.
Its really difficult to understand immigration rules. also i read in 'no recourse to public funds' document, that people should contact related department to find more information if in dout.
can you suggest me what i should if i am doing worng. please help me.

It means there is a claim made on the child's behalf. Child cannot claim DLA so it must have been you or your wife.

In my view you need to cancel this claim and pay it all back, as I don't think you or your family are entitled.

DWP or any other benefit office don't know the immigration rules, in fact half the staff at UKBA don't, call them three times you'll get three different answers.

Let's see what John can add, though I fear I am right.....

[John]

Wanderer, I agree with all that. No entitlement to claim DLA .... not until ILR granted.

[ypk]

Thank you for your help Wanderer and John. i will follow your advise wanderer.
cancelling the claim and paying back money, will it help my ILR? or

do i need to disclose this to HO when applying for ILR?

[John]

ypk, I think this is an easy matter for you. Obviously you need to complete the application form accurately, and as UKBA have drafted the Public Funds question in the present tense .... "are you receiving" ... clearly the accurate answer to the question is "No"! So given that answer you simply move on to the next question.

No need to mention the matter to UKBA.

[ypk]

thank you John, i really appriciate your responces.

[ARAIN786]

Wanderer and John if you can help.i want to apply DLA for my 2 years old daughter she's been living in the uk for nearly 15 months now.but my wife and my daugther both have no resources to public funds on their settlement visas.where as i got ILR i ve been living here for the past 9 years.if you can please tell me if i can claim dla and would that affect the ILR application i am going to make for my wife and daughter next year.
and could you also please tell me if i claim tax credits or housing/coucil benefit would that affect their right to claim ILR, as when you apply any of these they ask you to give them the details of everyone in your household.

Thanks

[John]

ARAIN786, as you have ILR your situation is very different from that of ypk, who does not yet have ILR.

As someone who has ILR, and therefore "settled status", you are entitled to claim any benefit that your circumstances dictate you are entitled to.

I have just waded through the DLA claim form, where the disabled person is less than 16 years old. It is clear from that form that the child is not the claimant, and that the parent is the claimant.

So you are entitled to claim Child Benefit for your child, and also claim DLA for them. Also you and your wife jointly can claim Tax Credits.

As regards Housing Benefit and Council Tax Benefit, it is also no problem you claiming those. And none of these benefit claims will have a negative impact upon the applications for ILR that will be made for your wife and child next year.

[ypk]

hi, Firstly Thank you John and Wanderer for your help. I got ILR 10days back for myself and my wife. I have cancelled DLA and paid back money before applying for ILR. I am going to apply British registration for my daughter(2.5yrs) next week. and another happy news is iam dad again, this time its a boy born on friday 3.12.10. Thank you once again.

[boloney]

hi, Firstly Thank you John and Wanderer for your help. I got ILR 10days back for myself and my wife. I have cancelled DLA and paid back money before applying for ILR. I am going to apply British registration for my daughter(2.5yrs) next week. and another happy news is iam dad again, this time its a boy born on friday 3.12.10. Thank you once again.

congratulations

[John]

ypk, congratulations, and indeed congratulations!

Firstly congratulations on getting the ILRs, and also congratulations on the birth of your new baby, which because your son was born after the issue of the ILRs, and presumably born in the UK, was British from the moment of birth.

[ypk]

Hi Thanks for your wishes. my baby was born in UK and as you said John, he is British by Birth. Bit less work now, no need for going through registration process.

Thank you
Regards,
ypk