Claiming benefits affecting ILR of dependent

[sumon1976]

Hi,

I and my 2 yr old son both are British citizen. My wife is on dependent visa (FLR-M). She got her initial visa in August 2013 and extended in January 2016 for another 2.5 yr. In 2014, when my son born, I was unemployed and had to claim housing benefit and tax credit for four months. Apart from that period I was employed and earning well above the threshold of £18,600 all the time and never have to claim any benefit except for CHB. I assume we are ok with tax credit. But my worry is about the HB. When I applied for HB, I clearly mention my wife’s immigration status and her ineligibility for public fund but council awarded me for the couple allowance.
My question whether the claim I made for this brief period time will affect my wife’s ILR which is due in 2018. If so, is there any way I can undo (e.g. pay back) the benefits.
Thanks.

[CR001]

This is how is has to be if your spouse is on FLR(M)

Child benefit in YOUR name only.

Child tax credits in JOINT names with your spouse.

HB - you must only receive the single +1 child allowance and NOT the couple allowance because your wife is not entitled to benefits.

[sumon1976]

Hi CR001,

Thanks for a quick reply. I am ok with the tax credit and CHB. But as I mentioned when I claim HB even though my wife wasn't a claimant, the council awarded me the HB and given me ‘ couple allowance + 1 child’ not ‘single +child’. I spoke to them subsequently but they didn’t change it. I did mention to them my wife’s immigration status and told them to change it to single+child but they refused to do that. Now my question is that whether it will affect my wife’s ILR application in 2018 when hopefully we will be earning enough and don’t have to claim any more benefit.

Thanks.