Can elderly dependant on ILR claim benefits

[Reefzxvy]

Hello,

My parents are on ILR as eldelry dependants. I would like to know that whether they can claim housing benefits or any other benefits if they have no income. I understand user new rules elderly dependants are banned for 5 years, but can the ones granted ILR prior to this ban claim benefits.
Please advise[/list]

[Amber]

Hello,

My parents are on ILR as eldelry dependants. I would like to know that whether they can claim housing benefits or any other benefits if they have no income. I understand user new rules elderly dependants are banned for 5 years, but can the ones granted ILR prior to this ban claim benefits.
Please advise[/list]

Did someone sign an undertaking when they entered the UK? If so, when did they enter the UK?

[Reefzxvy]

Yes I signed the form of sponsorship, however this was in 2011, on old rules. Please advise

[Amber]

Yes I signed the form of sponsorship, however this was in 2011, on old rules. Please advise

If it is a 5 year undertaking you'll need to wait until 2016 for general public funds. However, are you elderly deps disabled? Do they have care needs?

[Reefzxvy]

Thanks. Although on the form it did not say that they were restricted for 5 years. I think the 5 year rule is for new applications from 9th of July 2012.
Yes my parents are disabled and have regular care need. Any suggestions plese

[Amber]

Thanks. Although on the form it did not say that they were restricted for 5 years. I think the 5 year rule is for new applications from 9th of July 2012.
Yes my parents are disabled and have regular care need. Any suggestions plese

I would read the form carefully as it should state five years as per this one (click).

"I am further aware that the sponsored individual will have no recourse to public funds for five years from the date of their entry to the UK."

Nonetheless, as your dependents are over 65 I suggest they make a claim for Attendance Allowance (click). This can be made regardless of an undertaking.

You will have one month to appeal an Attendance Allowance decision. I suggest using the CAB (click) to try and help complete the application form.

[Reefzxvy]

Many thanks for your help.
The issue is as much a I remember signing a sponsorship form SU07/01. I don't remember if that form had a 5 year no recourse to public funding restriction. I can't fid the form on the Internet anymore.
Searching for the form only brings in the new form which is SU07/12, which has these condition of 5 years, as per the new rules.
Any ideas please. May be someone will know how the undertaking conditions worked on the previous form and in previous rules.

[Reefzxvy]

I have found the old form pre jul 2012 on netlawman.co.uk
It doesn't state 5 year restriction, however it states that the sponsor is responsible financially throughout their leave. And the sponsor will be charged for any job seeker or income based benefits the sponsored person claims.
Very confusing. What if I don't have the resources or income anymore to support them??

[Amber]

I think the 5 year period is a good ground point to think about regardless of when the application was made if no date is mentioned I would write to the UKBA and ask them to clarify how long the sponsorship is for, though I am pretty sure it is 5 years before the form changed. Apply for the Attendance Allowance as that should hopefully increase the income, one month to appeal a decision. If the sponsor's income changes it's usually not relevant. The sponsor usually has to die to allow the dep to claim public funds before the sponsorship period ends.