Detailed Public Funds guidance

unfair · Post by **unfair** » Thu Nov 17, 2011 5:25 pm

John wrote:A tailored response? Absolutely not necessary. Exactly this matter has been covered numerous times in this Public Funds section of this board. Obviously you do not have a problem.

Thank you for the response, John. One last one and I wouldn't bother you again: what do I tick in the column for applicant and partner on the SET M form regarding tax credits?

You are a gem!

Post by **John** » Thu Nov 17, 2011 5:37 pm

That has also been mentioned a number of times in this Public Funds section.

My comment is .... as regards the Public Funds question, it is rather badly designed and really does not cope with the legislation in force for you.

The comment is thus .... answer the Public Funds question "Yes", but only tick relevant benefits in the sponsor's column, and do not tick them in the applicant's column.

unfair · Post by **unfair** » Thu Nov 17, 2011 6:01 pm

Thank you so much. I can now sleep peacefully.

sensm · Post by **sensm** » Sun Dec 18, 2011 9:35 pm

Dear All,

I got my ILR few days back.
I just want to know which benifits i am eligible to claim.

My a/salary is 23k and wife's a/salary approx 25K.
Are we eligible to claim working tax credit/child tax credit benifit? or any other benifit

any information be much appreciated.
regards

sensm

Post by **John** » Sun Dec 18, 2011 10:12 pm

With family income of £48K there is no entitlement to claim Tax Credits.

However, given you mention Child Tax Credit, you can claim Child Benefit in respect of your child(ren). Child Benefit is not means-tested. Well not at the moment, although that is likely to change in 2013, but as neither you or your wife is paying Higher Rate tax, you should not be affected.

sensm · Post by **sensm** » Sun Dec 18, 2011 11:21 pm

Hi John,

Thanks for replying to my post.
child benifit form question 18
I got my ILR on 15th dec.
do i need to wait till 15th March 2012 to start claiming CB and then back bate claim for the last three month (from 15th dec - 15th march)?

or i can start claiming now.
also me or my wife can claim child benifit. we are living together.

Student fee -
I got my ilr after 5 yr work permit.
am i eligible for old student fee if i get admission in a course before sept 2012 and that for the full length of course( 4yrs). or I have to pay new tution fee.
the course i am looking started in sept 2011.
regards

sensm

Post by **John** » Mon Dec 19, 2011 7:11 am

do i need to wait till 15th March 2012 to start claiming CB and then back bate claim for the last three month (from 15th dec - 15th march)?

You can claim now, but of course need to answer that question, saying when you ceased to be subject to immigration control .... 15.12.11.

Ordinarily a claim might be backdated up to 3 months, but in your circumstances payment will not be back further than 15.12.11.

But certainly go ahead and claim now. It will take a few weeks for the claim to be agreed.

Student fee? My understanding is that your status at the start of the course counts for the whole duration of the course, even if your status changes during the course.

In September 2011 you did not have ILR, so that is the fact that will count for the whole course.

flick22 · Post by **flick22** » Wed Jan 04, 2012 11:44 pm

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i am currently a holder of the residence card for the eea family member, i have 2 kids with my ex b4 i got married to the eea family member,my question is i am claiming child benefit and child tax credit for this children will this affect my permanent residence, pls ur advise is urgently needed and if it does affect my PR what can i do now?thanks
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Goodluck

flick22 · Post by **flick22** » Wed Jan 04, 2012 11:50 pm

Dear John,

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i am currently a holder of the residence card for the eea family member, i have 2 kids with my ex b4 i got married to the eea family member,my question is i am claiming child benefit and child tax credit for this children will this affect my permanent residence, pls ur advise is urgently needed and if it does affect my PR what can i do now?thanks
pls note i am R.C holder and not ILR .

Post by **John** » Thu Jan 05, 2012 8:17 am

flick22, how is your EEA partner/spouse exercising Treaty Rights in the UK? Employed? Self-Employed? Or how?

flick22 · Post by **flick22** » Thu Jan 05, 2012 12:22 pm

Dear john,
Thanks for your rapid response am very gratefull,she works part time and also in college studying,she works for a local shop who doesnt issue her payslips but she as been working with this employer since 2008,she was given an employer's letter and that was what we presented to the ukba and also bank statements that show wages from this employer when i applied for my R.C she was also issued with R.C ,pls note she is not the mother of my 2 children and she also has a child before we got married with her ex partner which she also claims C.B and C.Tax credit for.thanks for your help.

Post by **John** » Thu Jan 05, 2012 1:29 pm

she works for a local shop who doesnt issue her payslips

It is a legal requirement that an employer issues payslips to their employees, every time they are paid!

Anyway, as they are exercising Treaty Rights as a Worker, that is, as an employed person, it is totally OK to claim the benefits that you have mentioned.

But can you clarify about the Tax Credits claim? This is in the joint names of you and your spouse?

flick22 · Post by **flick22** » Thu Jan 05, 2012 2:05 pm

Dear john,thanks ,she did persuade the employer but his excuse is always that his only a small business and it would cost too much to issue payslips,child benefit for my 2 sons are in my name and the child tax credit is yet to come back as i applied in november 2011 is also only me on the application as my wife clearly stated she did not want to be included in the application for my 2 sons,if this is a problem i can stop this applications and 2,will not being able to present the ukba payslips at the end of the 5 yr period lead to refusal of my PR. as we only have bank statements and employements letters.am sorry am over stretching you sir, i do appreciate your help.thanks.

Post by **John** » Thu Jan 05, 2012 2:28 pm

The Tax Credits are a big problem, for both you and your spouse! The two of you are living together and it seems you are making separate claims for Tax Credits. This is benefit fraud!

In respect of a couple living together it is a requirement that the Tax Credits claim must be in joint names. The two of you need to sort this out without delay.

flick22 · Post by **flick22** » Thu Jan 05, 2012 2:48 pm

thanks i will discontinue the claim. very much appreciated.as it not been granted anyway thank.

Post by **John** » Thu Jan 05, 2012 2:58 pm

flick22, it is not just a question of you discontinuing your sole claim for Tax Credits. Your spouse also needs to discontinue their sole claim as well!

Then the two of you need to submit a joint claim.

I repeat that in respect of a couple living together a Tax Credits claim must be in joint names. To make a sole claim could well be benefit fraud.

flick22 · Post by **flick22** » Thu Jan 05, 2012 4:18 pm

Dear john, thanks i will make my wife aware of that once she is home from work today,pls does the same rule apply to child benefits too as am really ignorant of this processes,and if having recieved any claims solely could it be detrimental to the PR.thanks

Post by **John** » Thu Jan 05, 2012 4:59 pm

does the same rule apply to child benefits too

No, Child Benefit is claimed by just one parent, and it could be either parent that is living with the child.

So no problem maintaining the present Child Benefit claims.

flick22 · Post by **flick22** » Thu Jan 05, 2012 5:24 pm

thanks so much Mr John you are a legend thanks ever so much i will leave you 4 now as you have sorted my worries.thanks alot.

flick22 · Post by **flick22** » Thu Jan 12, 2012 9:14 pm

Dear john
Thanks for your recent advise,my wife as notified them of the changes and i have been included in her claim.thanks.
////////////i have a query for a friend who has a similar problem,he was issued with is R.C in 2010 as he is also married to an e.u citizen,when he got a job he was only on a temp basis with the agency up till feburary 2011 b4 he got another job(anuall salary was 13600)because he only received about 6500 in the tax year 2010/2011 he was entitled to a working tax credit and in receipt of W.T.C up until december 2011, recently when i told him about the advise i got from you he wanted to know if this working tax credit he recieved will affect his P.R when his due.thanks

Post by **John** » Thu Jan 12, 2012 9:29 pm

As regards the friend, I am not sure there is a problem. But please clarify, the friend's claim, is it in the joint names of him and his wife?

flick22 · Post by **flick22** » Fri Jan 13, 2012 6:37 pm

Thanks,yeah both names and the wife is also working.thanks for your quick response.we recieved a letter today saying that my wife details have now been ammended regards our recent changes to her claim, thanks to your advice.

SgtBellPepper · Post by **SgtBellPepper** » Mon Jul 16, 2012 8:26 pm

Hi John,

First off, let me say a huge thanks for all the time and effort you spend on this forum helping people out.

I have read many of your posts with interest.

I know it's been covered a million times but perhaps you can put my wife's mind at rest.

I am a BC and married to a non-EU citizen. We have 3 children (2 BC and 1 non-BC). They are currently in the process of applying for ILR on SET(M) as spouse and child dependant.

We are currently in receipt of the following : CB, CTC, and HB.

I noted on the form under the question of public funds, yes, and ticked the relevant boxes under my name.

So to be very clear, as there seems to be confusion, and conflicting posts even on this forum.

Are we ok with having claimed the above, and was I right in ticking yes on the form and under my name only?

Again thanks for your patient help.

My kindest regards to you!

SgtBellPepper · Post by **SgtBellPepper** » Wed Jul 18, 2012 2:28 pm

Hi John,

Can the silence be taken as I am correct in my assumption that all is ok?

Thanks.

Post by **John** » Sun Jul 22, 2012 5:32 pm

I noted on the form under the question of public funds, yes, and ticked the relevant boxes under my name.

That is the action that has been taken by others, and it did not cause a problem for them.

The problem is that the form is badly-designed, and really does not cope with the actual legislation, so your action is probably the best in the circumstances.

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Detailed Public Funds guidance

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claiming child benefit and child tax credit.

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claiming child benefit and child tax credit.