Claiming benefits what rights.

[zakir1988]

Hi guys

If anyone could help me out please my wife has limited leave to remain on her biometric card its says no recourse to public funds it means she's not allowed any benefits.

I did include her in child tax credits as this is regarded as HMRC payments as I have read many post here about it you must include partner even under immigration or its regarded illegal not including partner you live with.

Child benefit is under my name only as my wife is not allowed benefits.

NOW I WANTED TO KNOW IF I CAN CLAIM Income-based Jobseeker’s Allowance as I only work 15 hours a week and earn £586 per month I did tell DWP THAT'S SHE'S NOT allowed any benefits due to her restrictions but they said you still have to claim as a couple even she has restrictions if I get Income-based Jobseeker’s Allowance then it will be under your name your the claimant that's what they said my wife does not work.

If Im entitled to it and get Income-based Jobseeker’s Allowance due to low wage will this effect my wife's limited leave to remain as I will be claiming as a couple but I have told DWP can I claim as a lone parents they said no even if my wife is under immigration restrictions claim as a couple.

will this affect my wife's limited leave to remain .

[Amber]

JSA(IB) has to be paid as a couple (if you are a couple) but where one party to that couple is subject to immigration control, then the applicable amount should be based on that of a single claimant. What is your partner's nationality? Based on your earnings, you'd not be entitled to JSA(IB) anyway as it's well above the single person amount. That's assuming no disabilities.

[zakir1988]

Hi amber

Thanks for your reply my wife nationality Bangladeshi.

Anyways I will find out if I'm entitled to any benefits I got appointment at the job centre.

[zakir1988]

Hi I found some infomation http://www.housing-rights.info/03_9_Wor ... ited-leave

My situation is my Wife has limited leave to remain I know I can apply for Housing Benefit and council Tax because Im British Citizen working on Low income.

My wife is not allowed any benefits at all like most its says it on her biometric card

Is this information from the website correct

Housing benefit for couples where one has limited leave

A member of a couple who has limited leave (and so who would be ineligible for HB/CTR if they were single) but whose partner is eligible for HB/CTR (e.g. a British Citizen) can receive HB/CTR provided that their partner makes the claim. Partner here means a spouse/registered civil partner or a person who is living with them as if they are their spouse/civil partner.

For the claim to be valid both members must provide a national insurance number (or at least to have applied for one).


This means I have to provide my wife's national insurance number also not just mine.

Can someone please advice me I was told its ok to receive housing benefit and council Tax under my name only I did call the council they said anyway it will be under your name cause you are the tentant.

[Casa]

Hi I found some infomation http://www.housing-rights.info/03_9_Wor ... ited-leave

My situation is my Wife has limited leave to remain I know I can apply for Housing Benefit and council Tax because Im British Citizen working on Low income.

My wife is not allowed any benefits at all like most its says it on her biometric card

Is this information from the website correct

Housing benefit for couples where one has limited leave

A member of a couple who has limited leave (and so who would be ineligible for HB/CTR if they were single) but whose partner is eligible for HB/CTR (e.g. a British Citizen) can receive HB/CTR provided that their partner makes the claim. Partner here means a spouse/registered civil partner or a person who is living with them as if they are their spouse/civil partner.

For the claim to be valid both members must provide a national insurance number (or at least to have applied for one).


This means I have to provide my wife's national insurance number also not just mine.

Can someone please advice me I was told its ok to receive housing benefit and council Tax under my name only I did call the council they said anyway it will be under your name cause you are the tentant.

Correct, but your wife can't be included in the calculation for Housing Benefit. You can only be awarded benefit as a single person.

[zakir1988]

I have a 1 year old child

[Casa]

I have a 1 year old child

In which case the calculation will be based on you and your child.

[zakir1988]

What do i put on the housing benefit from and council Tax rebate form married or single

[CR001]

Married.

[zakir1988]

If I put Married and tell the council my wife has limited leave to remain will I get couple rate Housing Benefit and Council tax rebate so they pay this as an single person rate due to my wife's restrictions to benefits.

What I have said above about the housing benefit do you get more housing benefit paid as an couple with one chid or if it is the same as an single person with one child I work part time let me know


I just need more into don't wanna get in trouble when I apply for my wife's discretionary leave extension.

[CR001]

You cannot write that you are single. That is lying if you are actually married.

You need to make it very clear that you are claiming single person + child and stipulate your wife has no recourse.

Yes, married rate is more than single rate.

How long has your wife been in the UK and when did she get her spouse visa?

[Petaltop]

What I have said above about the housing benefit do you get more housing benefit paid as an couple with one chid or if it is the same as an single person with one child I work part time let me know

Because of your child, it is the same for a single or a couple: the 2 bedroom rate.
https://lha-direct.voa.gov.uk/Secure/Be ... lator.aspx
Don't forget this calculator is the maximum they will pay and the amount you both earn will reduce HB.


If you didn't have a child and were under age 35, then it would have made a difference. i.e. under age 35 with no child then you get the shared accommodation rate and not the couple 1 bedroom rate (as you can't claim extra for your wife).

I don't know how they will calculate any council tax reduction as you are two adults and your wife can't have public funds. Do as CR001 says and make it clear your wife has no recourse to public funds.

[zakir1988]

My wife got visa discretionary leave limited leave to remain 10 year route parent FLR FP we will apply for visa extension in 2017.

[Petaltop]

My wife got visa discretionary leave limited leave to remain 10 year route parent FLR FP we will apply for visa extension in 2017.

You might already know this but any claim for Tax Credits must be in both name. It is benefit fraud if you claim to be a lone parent when you are not.

Child Benefit must be in your name as your wife cannot have public funds.

[zakir1988]

Thanks for your help guys I have done some research about housing benefit here is the changes on this websites clearly says that the government has done or will do outlined by the Chancellor http://www.entitledto.co.uk/help/Benefi ... 15benefits

Plus other benefits.

Thanks again

[CR001]

Your link does not work.

[Petaltop]

Your link does not work.

The benefit calculators only show the present benefit rules. This is the link I think the OP meant to give -

Benefit changes so far for 2016
http://www.entitledto.co.uk/help/benefi ... april_2016

Benefit changes so far for 2017
http://www.entitledto.co.uk/help/benefi ... april_2017

For benefit changes in 2018, so far they have stated that SMI (Support for Mortgage Interest) will end and end for the exisiting claimants too. It will be become a loan with interest and fees added, as a charge on their property. People will have to go back to taking insurance out to pay their mortgage if they lose their job or get sick to be less reliant on the benefit system. They will have to insure they pay off their mortgage before they retire, just as most people do already. Over 100,00 retirees on SMI at present, many of whom will now scale down to avoid the loan now the SMI benefit is going.

By far the biggest welfare changes are the replacement of 6 income based benefits (Child Tax Credits, Working Tax Credits, ESA, JSA, Income Support, Housing Benefit) with all the new rules for claimants. Existing claimants will move to UC from 2017.

[Petaltop]

duplicate

[zakir1988]

Thanks Petaltop for the links

Thank for everyone here for helping me out.

[zakir1988]

Petaltop

You are right I have checked https://lha-direct.voa.gov.uk/Secure/Be ... lator.aspx

Cause I have one child it's the same as couple rate.

I will tell the council not to include my wife in the housing benefit and council tax rebate calculations.

Thanks guys you guys are a life saver I don't know what I'll do without immigrationboards.com

[zakir1988]

I did my research could not find my answer I wanted to know my wife got her Visa in 2015 under FLR FP 10 year route parent if I loose my job and then be on benefits under my name only will this effect her discretionary leave when we come to apply for it.

Let me know guys

[zakir1988]

I did my research could not find my answer I wanted to know my wife got her Visa in 2015 under FLR FP 10 year route parent if I loose my job and then be on benefits under my name only will this effect her discretionary leave when we come to apply for it.

Let me know guys please.

[Petaltop]

I did my research could not find my answer I wanted to know my wife got her Visa in 2015 under FLR FP 10 year route parent if I loose my job and then be on benefits under my name only will this effect her discretionary leave when we come to apply for it.

Let me know guys please.

You can't claim extra benefits for your wife throguh your claim as she is not allowed public funds, but her salary must be included in your claim for any income based benefits. This may mean that you can't have any income based benefits such as Income based JSA, as your wife would be expected to keep you from her salary.

If you are claiming Contributions Based JSA (based on your 2 previous relevant tax years) then you must not claim extra JSA for your wife and any earnings she has will not be included in your CBJSA claim.

If you are renting and wanting Housing Benefit then if you don't have any children living with you full time and you are under age 35, you can only claim the shared room rate and not the couples rate (as that would be taking public funds for her). However, her salary (which must used in income based claims like HB) may mean that you can't have any HB and she would be expected to keep you.

As you will not be taking extra benefit money for your wife through your claim, she is therefore not claiming public funds and is keeping to the terms of her being granted limited leave to remain in the UK.

[Petaltop]

I did my research could not find my answer I wanted to know my wife got her Visa in 2015 under FLR FP 10 year route parent if I loose my job and then be on benefits under my name only will this effect her discretionary leave when we come to apply for it.

Let me know guys please.

I should also add that they won't let you claim JSA for long anyway, maximum 2 years for income based JSA. But they make it very painful for you now with the 'working for welfare' and proof needed of your 35 hours a week jobsearch or you get a sanction (no money for 3 months for a first offence and can be a sanction of 3 years), the benefit cap etc, that most find work quickly to avoid the pain of what claiming benefits now means.

Universal Credit, which will replace JSA and is already in for single claims and in for couples and children in over 100 areas at the moment, has much tougher work requirements.

I have taken out insuranec in case I lose my job or get sick, as the benefit hoops in the UK are getting hard and benefit payments are being reduced. The UK welfae bill has now got so high that they have had to bring in an annual welfare bill cap, which will mean more benefit payment reductions/changes in benefits. Take out insurance.

[zakir1988]

I knew that I can only claim in my name only not extra for my wife but I wasn't sure about if it will effect her visa as you have said no it will not effect her visa at all as she is keeping the terms and conditions.

Only Child Tax I know has to be joint claim

Thanks for your reply.