Letter from UKBA mentioning which public funds I can claim

[LIBRAN]

Hello
I made a claim with Insolvency Office after I was made redundant. I claimed for Salary Arrears, Holiday Pay and Loss of Notice Period. After filing the RP1 form, I received a cheque for 8 weeks of salary and holiday pay. Later I received RP2 form to fill and claim the Loss of Notice period pay. In this form they asked if I had claimed any other Benefit, if Not, Why.
To this I replied that I had not, because my visa status does not allow me to claim any benefits.
Few weeks after sending this form I got an email from their office stating that the initial cheque was sent to me in error and I had to repay the money. The reason they gave was that I did not have the right to claim Statutory Pay as their office considered this as Benefits, which is paid out of the NI fund.
Inspite of me trying very hard to convince them that they have misread my statement in the RP2 form, and my claim for the Statutory Pay is not considered as me having Recourse to Public Funds.
I must have called about 50 difference legal, immigration, employment advice offices, Citizen Advice Bureau and all our favourite UKBA Croydon office contact centre. But no luck so far.
Please advise what should I do to prove my rightful claim.
Will it be a good idea to walk in to the Croydon office and see if I can manage to get hold of some one and get a letter from them which I can send to the Insolvency Office.
Thank you!

[Amber]

You need to look at paragraph 6 of the immigration rules. If the 'benefit' is not listed there it is not a public fund for immigration purposes. Moreover, a contribution based fund such as the NI would not be considered a public fund. I would contact either your union if you have one or your MP.

[junaidmirza]

Hello
I made a claim with Insolvency Office after I was made redundant. I claimed for Salary Arrears, Holiday Pay and Loss of Notice Period. After filing the RP1 form, I received a cheque for 8 weeks of salary and holiday pay. Later I received RP2 form to fill and claim the Loss of Notice period pay. In this form they asked if I had claimed any other Benefit, if Not, Why.
To this I replied that I had not, because my visa status does not allow me to claim any benefits.
Few weeks after sending this form I got an email from their office stating that the initial cheque was sent to me in error and I had to repay the money. The reason they gave was that I did not have the right to claim Statutory Pay as their office considered this as Benefits, which is paid out of the NI fund.
Inspite of me trying very hard to convince them that they have misread my statement in the RP2 form, and my claim for the Statutory Pay is not considered as me having Recourse to Public Funds.
I must have called about 50 difference legal, immigration, employment advice offices, Citizen Advice Bureau and all our favourite UKBA Croydon office contact centre. But no luck so far.
Please advise what should I do to prove my rightful claim.
Will it be a good idea to walk in to the Croydon office and see if I can manage to get hold of some one and get a letter from them which I can send to the Insolvency Office.
Thank you!

If i am not wrong, statuatory pay comes in contribution based benefits which you are allowed to claim as you have been paying NI and tax. Please refer to
http://www.ukba.homeoffice.gov.uk/visas ... blicfunds/

Regards