Claiming benifit while waiting for ILR

[uael]

Hi


My wife applied for her ILR in November, since then December I have been out of work, my wife hasn't worked as has been bringing up out 2 year old daughter.

I am now in need of claiming benifit ctc and houseing benifit.

As we are 4 months into her application would me claiming benifit effect her ILR ?

I'm petrified that I'm going to loose my family as having a hard time finding work atm

Pete

[John]

Your nationality, and UK immigration status?

[uael]

My nationality is British, lived here all my life

My wife is Thai and waiting on her ILR

Our daughter is British born here

[John]

uael, given what you post, claiming those benefits is no problem at all. Relax!

[uael]

Thanks, just being out of work currently is stressfull enough as well as waiting on the wife's ILR, kind of wished had spent the more money and gone the 1 day route.

[uael]

Just one further question, council tax benifit ? Would this cause a problem ? As its also on the form but once the wife moved in has her name on it also

[Nila 786]

Hi can some 1 plz help me with this question, i am a british citizen and currently unemployed, but my husbans has recently come to the uk on spouse visa and he is now working here. I applied for child tax credit recently and of course i put my husband employment details on the form and and hmrc have automatically started giving my husband working tax credit as they said he is entitled to it. Plz can u tell me would this cause promblems later as it is a public fund and he has no resource to public funds. All anwsers are appreciated thanks.

[John]

Nila, as said many times on this board, in your circumstances ...... no problem. That is, the two of you are fully entitled to make a joint claim for Tax Credits.

[robdor]

I am a 61 year old Britsih citizen, my wife is Israeli with a Ukranian passport.
I was receiving Contribution Based ESA until it was stopped due to a Medical Assessment on 22ND OCTOBER 2012 since when I have received no ESA. I do receive a very small private pension but as this is below £85 per week it does not affect my ESA.
My wife's status is FLR and she has been in part time employment since April 2012 working 28 hours per week on or about the minimum wage.
I had been receiving COUNCIL TAX BENEFIT but today it has been stopped due to a change in my circumstances, they say they were unaware of my wife's employment, this is untrue as I have spoken to them and sent them photocopies of my wife's pay slip.
They asked, quote, " Please tell us the date your wife started work and provide proof of her wages from this date". The only way they could have known my wife was in employment is because they already knew and are now saying they were not informed.
In the same letter they ask me to provide proof of any other income I may receive from 02/03/13 when my contribution based ESA will end?
I wrote to them on the 29th OCTOBER 2012 to tell them my ESA had been stopped and since then my cirtcumstances have not changed.
Their policy is deliberate, the burden of proof lies always with the defendent and they will never admit to making mistakes.
I am legally entitled to £71 PW and for 20 weeks I have received nothing.
My wife's gross monthly wage is £196 before tax and NI deductions.
I am not trying to circumvent the system , I understand my wife is not entitled to public funds but as UK citizen I am.
To summarise, can I claim council tax benefit on the basis of the information I have given not forgetting that I have received no ESA for over 20 weeks?
I am a UK citizen, my wife is Isreali whose status is Further Leave to Remain.

[John]

I suggest that with the way you are being messed around by the Council you go to see one of the Councillors of the Ward in which you live.

Local Councillors tend to have good contacts with the managers in the department dealing with benefit claims.

[robdor]

Thanks for taking your time to look, I think you are probably right. I will collate the information I have and try to arrange appointments with both my local councillor and MP. I will of course inform the forum of the outcome should it help others in a similar situation.

[John]

As regards benefits administered by the local council, your local Councillors have much more influence that the local MP.

Whereas the reverse is true for nationally-administered benefits such as Tax Credits, where the MP is more use.