ILR application form public funds tick box

[rawdonlad]

My wife has an appointment at Solihull PEO on 24 September and we are currently filling the application form in. My question is about what to tick on the public funds box. I currently get Disability Living Allowance at the highest rates which is straightforward for the tick box but my wife works as well as being one my carers and we applied jointly for working tax credit in April which we now get (I cannot work as I am now disabled but get an occupational pension) so do we put a tick in both my box and her box for the WTC or just in mine?

I did claim HB and CT up to when my wife started work but only claimed for myself and confirmed both by phone call and letter that I was not claiming for my wife. I also spoke to a manager at the council who confirmed I had done everything correctly. I guess I do not have to tick the HB/CT box on the ILR form since it stopped in April this year and it asks what funds are we claiming which I take to mean now?
Thanks

[John]

You certainly do not need to tick any benefit not being claimed now. As you say, the Public Funds question is written in the present tense, so you certainly do not need to tick any benefits not being claimed now.

The Tax Credits? Totally OK for that joint claim, but how to report that on the form SET(M)? The problem is that the form is badly designed and really does not cope well with the actual legislation in force.

What seems to work well is to answer the Public Funds question "Yes", but then only tick Tax Credits in your column, and don't tick it in your wife's column. Is that OK? Well yes, because para 6B of the Immigration Rules is in play, and that says that your wife's joint claim for Tax Credits does not amount to Public Funds.

[rawdonlad]

Hi John

Many thanks for your reply and I appreciate your help both here and elsewhere!.

We have filled the form in as you have suggested and got all the other paperwork etc ready for next weeks PEO visit.

Cheers