Maintenance and housing benefit

[ac123]

Hi I would like to ask seniors some suggestions about my difficult situation. I got ilr (long residency) and my wife's spouse visa was refused on the ground that I do not meet 18600 income requirement . But my argument was my wife fall under old rules as she was on t4 dependant from 2006 till the date of application. Unfortunately when I was applying I had no right to work only wife was working part time so had to show family support as a third party. But CW did not consider that Putting her under new rules. As I was in financial difficulty I had to apply for housing benefit and I am getting it and also doing self employment job but earning quite low. In the said circumstances, in the appeal can my housing Benefit make problem? If not can Hb be included as income to satisfy accommodation requirement?i m also getting child benefit .thanks

[Amber]

Hi I would like to ask seniors some suggestions about my difficult situation. I got ilr (long residency) and my wife's spouse visa was refused on the ground that I do not meet 18600 income requirement . But my argument was my wife fall under old rules as she was on t4 dependant from 2006 till the date of application. Unfortunately when I was applying I had no right to work only wife was working part time so had to show family support as a third party. But CW did not consider that Putting her under new rules. As I was in financial difficulty I had to apply for housing benefit and I am getting it and also doing self employment job but earning quite low. In the said circumstances, in the appeal can my housing Benefit make problem? If not can Hb be included as income to satisfy accommodation requirement?i m also getting child benefit .thanks

Which country is your spouse/civil p from? Get hold of the housing benefit statement and see if it says an amount for a couple - £112.55?

[ac123]

It does not say anything about 112.55 on the calculation but it says I should have 261.19 to live on then mentioned our total income and it says excess income 00 so get full cost of housing. There are some calculation they gave on the letter says how the law says you need to live on 1. For you ( and your partner where applicable) 112.55 2. Because you dependant children 131.24. 3. Because you have at least one child 17.40 total 260.19

I asked the council they said she will not get anything as she is subject Immi control . This in country application and was refused. Thanks

[ac123]

Sorry it says excess income 00 so awarded me full housing cost thanks

[Amber]

It does not say anything about 112.55 on the calculation but it says I should have 261.19 to live on then mentioned our total income and it says excess income 00 so get full cost of housing. There are some calculation they gave on the letter says how the law says you need to live on 1. For you ( and your partner where applicable) 112.55 2. Because you dependant children 131.24. 3. Because you have at least one child 17.40 total 260.19

I asked the council they said she will not get anything as she is subject Immi control . This in country application and was refused. Thanks

I am concerned that you are getting a couple amount when your wife is subject to immigration control have you asked the council why it does not give you a single person applicable amount?

[ac123]

Hi Amber, yes i did ask them but was told they will not give anything for a person who is subject to immi control. They asked me to write them to get a written confirmation which i will do.do you how hb is calculated i cant see any breakdown on my awarding letter. It just say my income amount, what i should have to live on and then says excess OO. Based on that i get full amount of my rent.

If it is sorted then my concern is as i appealed for my wife and during appeal i have to fullfil accomodation and maitenance requirement under old rules, can my hb be shown to meet accommodation requirement? My income is now getting better but still need to get some of it to cover shortage. I have seen in IDI that benefit income can be included as income. Many thanks.

[Amber]

Hi Amber, yes i did ask them but was told they will not give anything for a person who is subject to immi control. They asked me to write them to get a written confirmation which i will do.do you how hb is calculated i cant see any breakdown on my awarding letter. It just say my income amount, what i should have to live on and then says excess OO. Based on that i get full amount of my rent.

If it is sorted then my concern is as i appealed for my wife and during appeal i have to fullfil accomodation and maitenance requirement under old rules, can my hb be shown to meet accommodation requirement? My income is now getting better but still need to get some of it to cover shortage. I have seen in IDI that benefit income can be included as income. Many thanks.

Under the old rules you must be able to adequately maintain yourself without recourse to public funds. That is your income must be that of the income support amount for a couple - £112.55 per week after the deduction of rent/housing costs. What is your income exactly, a breakdown. You must ensure that the council is not paying an amount because you are a couple on your housing benefit.

[ac123]

Thanks Amber I will check with the council and get corrected if they are paying anything for sure. My income was very low for last two months as I started recently self employment but hoping will be around 700 pm from now on at least and my wife income in 550 pm so altogether 1250. I also have two child born here and registered as a British citizen already. As per as council's calculation I need 261 for whole family. My rent is 700 pm. Are they going to calculate HB when making deduction for accommodation? Really confused though I saw some case law which tells to include child benefit and child tax credit. But My tax credit claim in process and waiting for last two months. Your ur input will be much appreciated. Thanks.

[Amber]

Thanks Amber I will check with the council and get corrected if they are paying anything for sure. My income was very low for last two months as I started recently self employment but hoping will be around 700 pm from now on at least and my wife income in 550 pm so altogether 1250. I also have two child born here and registered as a British citizen already. As per as council's calculation I need 261 for whole family. My rent is 700 pm. Are they going to calculate HB when making deduction for accommodation? Really confused though I saw some case law which tells to include child benefit and child tax credit. But My tax credit claim in process and waiting for last two months. Your ur input will be much appreciated. Thanks.

Yes under the old rules you can include ChB and CTC for the calculation but it's irrelevant as you then need to include the children in the income support amount. At the end of the day, you need £112.55 Net earnings per week after deducting any rent which you pay, if you have that you should be ok. Though, I will reiterate the need to check that you are not getting a couple amount on your housing benefit. Give the HMRC a call and chase up your tax credits caim.

[ac123]

I was told by some lawyers that I have to tell about my children when go for appeal as court may ask about that. Is there any way to avoid them? Hmrc holding up my claim for residencial requirement issue n said they are checking that. Thanks

[Amber]

I was told by some lawyers that I have to tell about my children when go for appeal as court may ask about that. Is there any way to avoid them? Hmrc holding up my claim for residencial requirement issue n said they are checking that. Thanks

The family unit calculation under the old rules includes the children even if born in the UK. How many children do you have?

[ac123]

I have Two children forgot to mention council tax support was
also automatically awarded to me . Are there any amount they give for couple that I need to be concerned? Thanks

[Amber]

I have Two children forgot to mention council tax support was
also automatically awarded to me . Are there any amount they give for couple that I need to be concerned? Thanks

Yes you need to look at the council tax benefit/reduction statement and see whether it says an amount because you are a couple.....£112.55

The family unit weekly net income you should have under the old rules would be.... £112.55 + (2 x £65.62) = £243.79 per week after deducting any payable rent.

[ac123]

Hi Amber is it 112 or 122 what about family unit ? Do I not have to show that as well? Council tax reduction does not mention anything on the letter I will check with the council that too.Many thanks for your time .

[Amber]

Hi Amber is it 112 or 122 what about family unit ? Do I not have to show that as well? Council tax reduction does not mention anything on the letter I will check with the council that too.Many thanks for your time .

Sorry £112.55 is correct, you should show net weekly income after deducting any payable rent of £243.79 for a couple with 2 children. Housing benefit and council tax deduction isn't automatically awarded (unless on ib-jsa for example) you must apply and they should send you a breakdown.