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FURTHER LEAVE TO REMAIN AND BENEFITS

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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mowbray119
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Joined: Tue Jan 08, 2013 3:23 pm

FURTHER LEAVE TO REMAIN AND BENEFITS

Post by mowbray119 » Fri Jan 18, 2013 11:39 pm

I am a UK born British Citizen aged 60+.
My Israeli fiancee arrived in England on the 26th June 2011 on a fiancee visa precluding her from working and no recourse to public funds.
We married on the 16th September whereupon she applied for change of status to Further Leave to remain and received FLR on November,2011.
In April she secured employment. She is contracted to work for 28 hours per week at or around £6.68 per hour upon which she pays a small amount of tax and NI CONTRIBUTIONS.
In the time she has been here she has paid for courses designed to improve her job prospects.
My situation is that I own my own home and was until 9th July 2011, when my wife lived here, receiving INCAPACITY BENEFIT AND A SMALL AMOUNT OF INCOME SUPPORT TOTALLING £96.35 PER WEEK.
On the 9th July,2011, my INCOME SUPPORT STOPPED DENYING ME ACCESS TO DENTAL,OPTICAL AND OTHER SERVICES.
I apppealed and on the 15th November 2011 they changed their decision, however, the decision remained the same! because they accused me of not informing them of my PRIVATE OCCUPATIONAL PENSION. This was a false allegation and I consequently proved it to be so.
However, my private pension plus incapacity benefit of £94.25 pw is more than the law says I need to live on. Important to note that private pensions do not affect Incapacity Benefit until it exceeds £85 pw.
From the 26th JUNE 2011 TO THE 15TH APRIL 2012 we lived as a couple on my income, my wife spent her savings on educational courses, researches and extensive travel to interviews and other work related activities.
We CLAIMED AND RECEIVED HOUSING TAX REDUCTION.
On the 2ND MARCH 2012 MY INCAPACITY BENEFIT STOPPED AND REPLACED BY CONTRIBUTION BASED EMPLOYMENT AND SUPPORT ALLOWANCE TOTAL £94.25 PW.
Following a MEDICAL ASSESSMENT my CONTRIBUTION BASED EMPLOYMENT SUPPORT AND ALLOWANCE WAS STOPPED.
88 days/ 12+ weeks later and I/we have yet to receive a penny of support.
On the 4th OCTOBER 2012 my wife entered hospital and underwent major surgery and did not return to work until the 1st December 2012 a period of 8 WEEKS. She did however receive STATUTORY SICK PAY.
I use my small private pension of much less than £85 pw to pay the bills, insurance, utilities, telephone etc. My wife has to pay for travel to and from work and everyday living costs. On average our joint income is around £235 per week.
On the basis of STATE PENSION for a couple it would appear we are living on what the law says we need to live on so my lengthy letter is perhaps superfluous,however, I needed to write because from bitter experience the powers that be will jump on you in a flash should you not comply with the law but painfully slow to tell you what you may be allowed.
I have posed many questions.
1. WHAT BENEFITS COULD I HAVE CLAIMED INDIVIDUALLY OR AS A COUPLE FOR THE PERIOD 26/06/11-14/04/12 when I was on INCAPACITY BENEFIT AND INCOME SUPPORT PLUS MY PENSION = £150 CIRCA? AND MY WIFE WAS NOT WORKING?
2. WHAT BENEFITS COULD I CLAIM FOR THE PERIOD 22/10/12 TO PRESENT JANUARY 2013 DURING WHICH OUR JOINT INCOME HAS BEEN REDUCED TO CIRCA £235 PW IF ANY?
3. Do any SOCIAL SECURITY AGREEMENTS EXIST BETWEEN THE UK AND ISRAEL?
4. I PAY TAX ON MY BENEFITS PLUS PRIVATE PENSION WHICH IS MINISCULE BUT EVEN SO ARE THERE THINGS I CAN CLAIM FOR SUCH AS TRAVELLING TO APPOINTMENTS, INTERVIEWS ETC.
5. My wife's status now is FURTHER LEAVE TO REMAIN are their things she can claim for which are not classed as PUBLIC FUNDS.
6. What is not classed as a PUBLIC FUND? Are benefits availabel for MY WIFE IN EDUCATION at a college or done via the INTERNET AS A CORRESPONDENCE COURSE?
If you can think of anything else please answer.
I would like say I rate this site highly and the detailed answers/discussions it arouses.
Thank you in anticipation, Mowbray.

wiggsy
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Posts: 849
Joined: Sun Jan 06, 2013 6:59 pm
Location: Warwickshire, UK

Post by wiggsy » Mon Jan 21, 2013 3:00 am

tdoes your wife works 24+ hours a week? - WTC...

if you are unfit to work and she "cares" for you (do you recieve DLA?) then she can claim working tax credit for 16 hours work...

its worth putting a claim in, its not considered as a public fund but put your name as the main applicant and her name as "the partner"

she can claim carers allowance, if you recieve the mid / higher care component of DLA.

or Attendance allowance. etc.

social fund payments / cold weather payments etc wont be considered as public funds, since your entitled too

speak to job centre plus/DWP. since she has no recourse, your essentially a single man, but: her income affects your benefit claims!

Amber
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Location: England, UK
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Post by Amber » Sun Sep 22, 2013 6:55 am

A person subject to immigration control cannot claim care's allowance. The only public fund an Israeli national can claim whilst subject to immigration control is child benefit. Tax credits can be claimed jointly and is not considered a public fund where one of a couple are not subject to immigration control.
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