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FLR STATUS APPROACHING ILR APPLICATION NOVEMBER 2013

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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robdor
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Joined: Mon Mar 04, 2013 12:38 pm

FLR STATUS APPROACHING ILR APPLICATION NOVEMBER 2013

Post by robdor » Sun Jun 16, 2013 1:03 pm

I am a British citizen married to Israeli currently on FLR STATUS
We own our home.

Due to introduction of Universal Benefit system in April the situation is that as a couple we live off wife's earnings and my small private pension. Total income per annum is around £12500-13000. My wife pays tax and NI contributions.

Prior to wife's arrival here in June 2011 I claimed council tax benefit. When my wife started work in April 2012 I informed the local authority. Since then I have had a running battle arguing that I informed them and they say I did not.

In December 2012 I paid them the arrears they stated we owed for the tax year 2012 to 2013. I then received several letters from the Council Tax offices stating I owed them £650 for 2012/13 and £850 for 2013/14 for full council tax bills. ( both are near approximations ).

I argued that I told them of my circumstances and basically they say I am lying. I pointed out to them in a letter that I had proof of several telephone calls I made to them in 2012 when I confirmed our circumstances and if they checked their telephone records they would see this was the case.

I then received a new re-calculated council tax bill of circa £350 for year 2013/14 with a proviso warning me that if I didn't pay that sum within 7 days I would be liable to prosecution, imprisonment and liable to pay the full bill of £1500 for the two years 2012/13 and 12013/14. I paid the bill.

What is our situation with regard to claiming a reduction in council tax bearing in mind that they, the local council, have all the details necessary to calculate the bill precisely ie they know my wife is on indefinite leave to remain. Surely, if I have given them the required legal information then even if I do claim it is their responsibility to either accept or decline the application. I have done nothing illegal have I .

Is there , are there, exceptions to the rule for people in our situation? Also, where we not to receive council tax benefit we could still pay our council tax in full. I applied for council tax benefit on the grounds of low income family.
In anticipation of some helpful advice.
Regards,
Robdor

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Re: FLR STATUS APPROACHING ILR APPLICATION NOVEMBER 2013

Post by Amber » Sun Jun 16, 2013 5:50 pm

robdor wrote:I am a British citizen married to Israeli currently on FLR STATUS
We own our home.

Due to introduction of Universal Benefit system in April the situation is that as a couple we live off wife's earnings and my small private pension. Total income per annum is around £12500-13000. My wife pays tax and NI contributions.

Prior to wife's arrival here in June 2011 I claimed council tax benefit. When my wife started work in April 2012 I informed the local authority. Since then I have had a running battle arguing that I informed them and they say I did not.

In December 2012 I paid them the arrears they stated we owed for the tax year 2012 to 2013. I then received several letters from the Council Tax offices stating I owed them £650 for 2012/13 and £850 for 2013/14 for full council tax bills. ( both are near approximations ).

I argued that I told them of my circumstances and basically they say I am lying. I pointed out to them in a letter that I had proof of several telephone calls I made to them in 2012 when I confirmed our circumstances and if they checked their telephone records they would see this was the case.

I then received a new re-calculated council tax bill of circa £350 for year 2013/14 with a proviso warning me that if I didn't pay that sum within 7 days I would be liable to prosecution, imprisonment and liable to pay the full bill of £1500 for the two years 2012/13 and 12013/14. I paid the bill.

What is our situation with regard to claiming a reduction in council tax bearing in mind that they, the local council, have all the details necessary to calculate the bill precisely ie they know my wife is on indefinite leave to remain. Surely, if I have given them the required legal information then even if I do claim it is their responsibility to either accept or decline the application. I have done nothing illegal have I .

Is there , are there, exceptions to the rule for people in our situation? Also, where we not to receive council tax benefit we could still pay our council tax in full. I applied for council tax benefit on the grounds of low income family.
In anticipation of some helpful advice.
Regards,
Robdor
I'm a bit lost. But I will tell you that you may be able to make a claim for tax credits (joint claim) as you're not subject to immigration control. As your partner is currently subject to immigration control you must ensure that any means tested benefit you apply for (HB, CTB/CTR, JSA-IB etc) is based on a single person applicable amount and not a couple. You can make a claim for those benefits but you will be (or should be) assessed (for the applicable amount) as a single person (you must ensure this) but both your incomes will be taken into account as it still must be a joint claim. Please ask any other questions if you have them.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

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