Working tax credit while on spouse visa allowed? Really?

[sh1981]

Accessing public funds in breach of conditi
ons of leave
If a condition of leave to enter or leave to remain restricts access to public funds the
migrant
will also be in breach of their conditions of leave
under
paragraph 322(3)
.
When a migrant has
breached their conditions by claiming public funds,
you must
refer to
it
as a reason for
curtailment in the decision letter.
It does not automatically follow that a
migrant
whose leave is being curtailed because they
have claimed public funds in breach of their conditions should
also
be curtailed for not
being
able to maintain and accommodate themselves without
using
public funds. They may be able
to accommodate themselves in any case and are claiming public funds over and above this
, for
example,
by claiming
t
ax
c
redits.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

So what does this mean, that if hes able to accomodate and maintain nicely without claiming benefits then he should not claim working tax credit?

Child and Working Tax Credits

Child and Working Tax Credits were included in section 115 of the Immigration and Asylum Act 1999 on 1 April 2003, but were not added to the definition of public funds in paragraph 6 of the Immigration Rules until 15 March 2005. This means that applicants who received either of these tax credits between 1 April 2003 and 15 March 2005, have not breached their conditions of leave. However UKBA will notify HMRC that tax credits were claimed.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

So 1 apr 2003 till 15 mar 2005...what about someone who did so now..like a year back?

[John]

So what does this mean, that if hes able to accommodate and maintain nicely without claiming benefits then he should not claim working tax credit?

But it does not say that, does it! Why are you equating benefits and Public Funds?