ILR dependents - Child Ben/Child Tax/Council Benefits

[asrmba]

Hi,

I'm on ILR granted 7 months ago, my wife (Tier 1 Dependent) and 5 yrs child born outside UK (Tier 1 Dependent). I recently turned self-employed and fall under low income.

hence my question is:
- Am I eligible for Child Tax credit & Child benefit? as you could see my child has "No recourse to public funds".
- Am I eligible for housing benefits & council tax benefits? what to mention on application, living with dependents? as both of my dependents are under "No recourse to public funds".

As I plan to file for dependents ILR very soon, pls advise.

Thanks.

[Casa]

Hi,

I'm on ILR granted 7 months ago, my wife (Tier 1 Dependent) and 5 yrs child born outside UK (Tier 1 Dependent). I recently turned self-employed and fall under low income.

hence my question is:
- Am I eligible for Child Tax credit & Child benefit? as you could see my child has "No recourse to public funds".
- Am I eligible for housing benefits & council tax benefits? what to mention on application, living with dependents? as both of my dependents are under "No recourse to public funds".

As I plan to file for dependents ILR very soon, pls advise.

Thanks.

Child Tax Credit must be claimed in JOINT NAMES, Child Benefit in your name only.

Your Housing Benefit claim can only be calculated at the single person (shared room) rate.

Your wife and child must be declared in all benefit applications.

[asrmba]

Hi,

My understanding is that, for housing benefit, I mustn't include wife & child and must be declared as single person (shared).

How about working tax credit? anything to do with it?

Pls advise.

[Casa]

Hi,

My understanding is that, for housing benefit, I mustn't include wife & child and must be declared as single person (shared). You need to declare your wife and child in the application and that they have no recourse to Public funds, but they won't be included in the calculation for HB.

How about working tax credit? anything to do with it? WTC must be claimed in joint names.

Pls advise.

[asrmba]

Hi,
Unsure how it happend, I admitted that both my dependents are under immigration control and have no recourse to public funds. However council issued benefits to both (one dependent wife & a dependent child) and included my wife's name on the communication letter. I visited council office and mentioned the same for confirmation, they verbally says it's a formality to enclose your wife's name and benefit is issued as you are the main applicant.

Can you advise, what's the best course of action to do now? I have been receiving benefits(child benefit, Child tax, working Tax, Council housing, council tax) from the past 6months. ensuring that It won't effect my dependents ILR?

Thanks.

[Casa]

The Council housing may as you are only entitled to local authority housing as a single person. Are you receiving a Council tax reduction?

[asrmba]

Yes I do. Perhaps they're unaware of immigration rules, as I mentioned the factual details of 2 adults and a child.

pls advise.

[Casa]

Are you claiming that you are the sole occupant in the property for the Council tax discount?

[asrmba]

I applied as 3 of us (wife & child) are living on the property, as I didn't applied for single person (shared).

[Casa]

I applied as 3 of us (wife & child) are living on the property, as I didn't applied for single person (shared).

Why was the discount given?

[asrmba]

As I fall under low income and eligible for Housing benefit and Council tax reduction. I have been awarded for the last 6 months.

[Casa]

IMHO you should ask the Council benefits office to check again and confirm how they are awarding the benefits.

When you were given Council housing, were the local authority aware that your wife and child are under immigration control with no recourse to Public funds?

[asrmba]

I understand that somehow & somewhere council housing benefit and council tax reduction was awarded. I shall get in touch with them ASAP. in the meantime, what's the right way to rectify this and ensuring that my wife & child's ILR won't get rejected?

Pls advise?

[Casa]

Just ensure everything is in order before you submit your wife and child's application when all benefits claimed will have to be declared.

No problem with CTC/WTC as long as claimed in joint names and CB in your name only.

Member Petaltop who has a wider knowledge on Public funds may step in to advise further when she is next online.

[asrmba]

Many thanks for your advise casa.

I just ring to the council and told that my 2 dependents are under immigration control and have no recourse to public funds. Though I mentioned in my application that I live with partner and a child, instead to claim as single person (shared). The council advisor says, they are aware that my 2 dependents are under immigration control and the benefit is granted accordingly, hence I receive housing benefit and council tax reduction.

However, I'm lost and fall in the Gap. I look forward to point me to the right direction.

Thanks.

[Casa]

Stand by for other opinions.

[Petaltop]

Many thanks for your advise casa.

I just ring to the council and told that my 2 dependents are under immigration control and have no recourse to public funds. Though I mentioned in my application that I live with partner and a child, instead to claim as single person (shared). The council advisor says, they are aware that my 2 dependents are under immigration control and the benefit is granted accordingly, hence I receive housing benefit and council tax reduction.

However, I'm lost and fall in the Gap. I look forward to point me to the right direction.

Thanks.

Go to your local council's website and use their housing benefit calculator to see what you should be receiving. Fill it in as a single person and add yours and your wifes income together and put that under your eanings.

[Petaltop]

I recently turned self-employed and fall under low income.

You need to be aware that going SE on a low income, is changing under the welfare reforms as the welfare state will no longer support a hobby business after the first year. Under those welfare reforms, those who are SE will have their income for benefit calculations, based on what they should earn each week, even if they don't earn that much. i.e. 35 hours a week at the national minimum hourly wage. Once a child is age one, the motther too will have to look for work under these welfare reforms.

To stop those who will try to get around these working rules by starting a new business every year, there is a 5 year wait for a low income welfare claim on a new business.