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Claiming Housing Benefits/Working & Child Tax Credits

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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mahasath
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Joined: Mon Jul 04, 2016 8:23 pm

Claiming Housing Benefits/Working & Child Tax Credits

Post by mahasath » Mon Jul 04, 2016 8:33 pm

Dear Everyone,

Please kindly help me on the following,

I am a permanent resident of UK since May 2015 , and my wife and elder child was under a visa restriction (as they were granted leave on Tier 1 general dependant category based on me before I qualified for Permanent residency) and their visa is finishing on 12/12/2018 and they have a restriction to claim public fund. Last year June 2015, I have applied housing benefit on my name and I received it without any issues, last week I received a letter from HMRC saying that I need include my partner also with the application for Tax credits and therefore they waiting for me to send the evidence of my partner's income. and 2 days ago Housing benefit also sent me the letter saying they need my detail as well until that my benefit will be on hold. but how can I put her on a claim , as she is not eligible to get a claim ? How should I explain this to Housing benefit & HMRC? Could you please kindly advise me the steps in detail. (My wife is currently working 16 hours per week and I am working 16 hours for the week from 1 st July due to my recent cardiac health issues, I was working 40 hours before)

Thanking you so much.

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Claiming Housing Benefits/Working & Child Tax Credits

Post by Casa » Mon Jul 04, 2016 8:42 pm

Tax credits must be claimed in JOINT NAMES (which won't affect your wife's immigration status). Housing benefit should have been claimed as a single person, without considering your wife in the calculation. Have you been awarded HB as a couple? Did you declare your wife having no recourse to Public funds in your HB application?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

mahasath
Newly Registered
Posts: 9
Joined: Mon Jul 04, 2016 8:23 pm

Re: Claiming Housing Benefits/Working & Child Tax Credits

Post by mahasath » Mon Jul 04, 2016 8:48 pm

Dear Casa,

Thank you for your kind reply.

I only applied HB as a single person, I didn't include my wife and when I filled the application form, I didn't declare her immigration status. How can I resolve this Casa? Please kindly advise me. Thank you.

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Casa
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Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Claiming Housing Benefits/Working & Child Tax Credits

Post by Casa » Mon Jul 04, 2016 9:01 pm

I suggest you reply to the letter you've received regarding Housing Benefit and explain that you didn't mention your wife in your claim as she has no resource to Public Funds. You will have to declare her income which may affect your benefit, but you can't avoid this.
Also request HMRC to adjust your WTC claim to joint names.
Make sure you get this resolved before your wife submits her next visa application.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

mahasath
Newly Registered
Posts: 9
Joined: Mon Jul 04, 2016 8:23 pm

Re: Claiming Housing Benefits/Working & Child Tax Credits

Post by mahasath » Mon Jul 04, 2016 9:18 pm

Thank you Casa, I will inform them immediately by explaining the all information. Thanks a lot.

mahasath
Newly Registered
Posts: 9
Joined: Mon Jul 04, 2016 8:23 pm

Re: Claiming Housing Benefits/Working & Child Tax Credits

Post by mahasath » Tue Jul 05, 2016 10:42 pm

Hi Casa, Currently I am in hospital investigations for my cardiac issues , can I mention that also in the letter? What is universal credit?

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