Council tax

[tara55]

Im on 5 year WP visa with 'no recourse to public funds'.

I am living in flat for about 3 years. As I was single person living in my flat, council was giving me 25% discount on council tax. Reading various posts.

However, last year I married and my wife joined me as my dependent. However, I did not inform this to council tax and Im still getting 25% discount.

Last month I realized it. I called my local council and explained I would like to repay the money I received as discount. They said we will issue a new bill with new account number. Im hoping to receive new bill next week.

Im just thinking, even I have now informed this to council and Im paying back discount I received, will this could effect my ILR application ???

Please advice ?

[Siren]

Hi there Tara,


Just wondering what the outcome was of your case?


Did the council allow you to repay the CT discount? Did the council not insist that you should have also been paid the couple rate of HB?


In my case, the council is insisting I make a joint claim for HB which would mean an increase in my public funds as a result of my spouse's presence on the claim.


I am wondering whether I could just claim as they are insisting as a couple but then prior to the ILR application attempt to repay the spouse part of the HB?


Please let me know what happened in your case.


Many thanks.

Simon

[SoHopeful]

Simon,

That user is now banned.

HB differs from the single person discount. To my knowledge the single person is about being the only adult in the home as opposed to having a low income.

For HB you would have to make a joint claim. If your spouse is unemployed nothing will change. If they are employed their income will be taken into consideration.

[Siren]

Hi SoHopeful,


Thank you for your helpful response esp when the member is now banned!

For HB you would have to make a joint claim. If your spouse is unemployed nothing will change. If they are employed their income will be taken into consideration.

I agree with you spousal income and savings are taken into account in a joint HB claim but I am given to understand from multiple sources including the HB office that the applicable amount for HB for a couple is more than the applicable amount for a single person.

My council are doggedly insisting in sticking to the letter of the law which states that, unlike other benefits, there is no modified applicable amount for HB which would of course result in me receiving increased HB as a result of my spouse.

Since, unlike other councils in this situation, they are unwilling to exercise any discretion and let me claim as a single with my partners income included, I am wondering whether I should accept the increase with a joint claim (as they insist) and then attempt to repay the extra spousal part later on at some point prior to ILR or at least when we are able to find more work between us.

It would seem awfully churlish of them to deny me the right or privilege of repaying back a certain amount of public funds later on - especially in this current time of economic hardship! I say right or privilege because I wonder whether the council are legally permitted to accept partial repayment of HB? It seems some on here are succeeding in repaying full amounts of benefit but I wonder about partial repayment?

If I went to the local newspaper with my story can you imagine the outcry at a headline something like -

• "Carlisle City Council refuse to accept £1000's HB repayment!"

Ironic that my local council have just sent round a survey about central government council tax cuts polling constituents for their views on where the resultant smaller pot of CT funds should be spent!

Thank you again.

Simon

[SoHopeful]

I, myself am unsure as different councils seem to have different responses to the same dilemma.

Is your concern that this joint award will affect ILR? I have read on another immigration forum from an immigration advisor that as long as you were truthful in your claim about your partner's status, that's all that matters.

[Siren]

Yes I too have had similar advice.


Generally speaking, it seems advice given by sources on the benefits side contradicts advice given by sources on the immigration side.


Those on the benefits side, such as benefits advisors and the Child Poverty Action Group (CPAG), say HB should not be claimed at all due to the increased applicable amount contravening the public funds restriction.


Those on theimmigration side on the other hand, probably mainly immigration lawyers, say as long as you can prove in the ILR application that you, as you say, were truthful about the spouses immigration restriction in the HB application then it should not harm the ILR application.


Am going to contact the local government ombudsman Monday to try to shed light on regional variations between councils and repaying back benefit in the event that such action is needed.


Cheers SoHopeful!


Simon

[SoHopeful]

Let me know how you got on.

[Siren]

To anyone following this,


Below is the latest communication in the matter to Carlisle City Council in reply to thier letter to my MP's letter on my behalf.


If it does turn out that UKBA rule the HB/CTB is an increase in public funds, I will attempt to repay just the increase but am prepared to repay the whole amount, which I'm afraid may well prove to be necessary.


The way I look at it is - if you take the money now - you can always repay some or all of it if necessary later, but if you don't take it now you will not be able to back date the claim and no one really truly knows how UKBA will rule on the day even though the regulations do seem to point to this course of action (claiming HB/CTB) falling the wrong side of the public funds rule.


In any event, I will be able to furnish this letter to UKBA, if necessary, to prove transparency of intention.

Dear Mr. Gooding (Chief Executive Carlisle City Council),


Re: HB/CTB Public Funds (Copy of letter sent to Mr John Stevenson MP)


Thank you for your letter to my MP Mr John Stephenson dated 03 September 2012 in reply to my letter to Mr Stephenson dated 28 August 2012.


As outlined in my letter to Mr Stephenson, further to my wife joining me in the UK on a visa with no recourse to public funds I would like to continue claiming Housing Benefit and Council Tax Benefit without receiving a resultant increase in these benefits, which I understand may contravene my wife’s visa restrictions.


I note your explanation, that Carlisle City Council is unable to do this because, unlike other benefits, there is no modified applicable amount for Housing Benefit and Council Tax Benefit.


However, after discussion with immigration lawyers and a number of other people in similar situations it is apparent that, despite this absence of a modified applicable amount, other local councils do - at their discretion - permit claims to be made in such circumstances with the spouse and their income and savings included and no resultant increase in HB/CTB. In view of this practise, I am surprised and disappointed that Carlisle City Council does not see fit to exercise the same discretion and permit my claim as requested.


Therefore, in line with legal advice received I have decided to proceed with my HB/CTB claim with my spouse included. If UKBA rule this is a contravention of my wife’s visa restrictions in her settlement application in 2 years, I will seek to comply with UKBA requirements to repay the contravening benefit as instructed by the agency at the time.


With kind regards,