JSA/IS for foreign spouse on 2 year visa

[plum2pudd]

Firstly many thanks for previous replies on this very helpful forum. The benefits system and "recourse to public funds" issue which my Russian wife has on her vias are proving very complicated and hard to fathom. I am a self-employed UK National and my wife came over to live here last year. Because of my low income I claim Working Tax Credits. She is pregnant and expecting a bay in April so we have claimed HIPG and are just looking at SSMG. While researching these and finding that she is eligible for these I came across this link http://www.medact.org/content/reaching_ ... pril09.pdf . In this it states that "A woman is not excluded from getting IS,
income-based JSA, HB, CTB and social
fund payments if she is an EEA or Swiss
national or a family member of an EEA or
Swiss national who is a worker or an asylum
seeker with transitional protection – see the
asylum seekers’ information sheet."
Hard to understand to my mind. ANother link states that pregnant women can get Income support without being expected to work (http://www.hlp.entitledto.co.uk/viewhel ... esPregnant) Is my wife eligible to apply as I am a "worker" or do I need to be a "worker with transitional protection? It seems as though my wife may be able to claim any public fund as I am a UK National, in which case it seems daft for her to have "NO RECOURSE TO PUBLIC FUNDS" on her visa doesn;t it? Am I missing something crucial here as I do not want to claim something for which she is not eligible if it will jeopardise chances of getting ILR for her.

[Greenie]

Your wife is here as the spouse of a UK national under the immigration rules. When you applied you had to show that you and your wife had adequate maintenance and accommodation without additional recourse to public funds therefore whilst your wife is here on her probationary visa she cannot have recourse to public funds. When your child is born you will be able to claim child benefit and also make a joint claim with your wife for tax credits.

The rules you are referring to in your post are the rules relating to Eea nationals and their family member exercising their treaty rights in the UK which provide for freedom of movement. They don't apply in your case.

[plum2pudd]

Thanks for very quick reply Greenie! I'm not sure that you are totally correct though because we already claim working tax credits as were reliably informed on this site that where one of the couple is a UK national exempt from immigration control then both of the couple are treated as such. We obviously ticked the box on the form to say that my wife was subject to immigration control but we still were eligible for it. Seems that other benefits such as SSMG, HIPG, child tax credit and child benefit etc are all treated same way because I am UK national and my child will be so as well.

[Greenie]

I didn't say you couldn't claim working tax credit now. Its harder to qualify for tax credits if you don't have children but if your income is low enough and you work enough hours then yes you can make a joint claim now.

Ps. The fact that your child will be British is not relevant to whether you can claim child tax credits or child benefit. Its your status that is relevant.