Changes to Public Funds provisions ... from 31 March 2009

[John]

My question is if I am eligible to apply for tax credit and child benefits on Indefinite leave to remain.

Yes

As someone told me that I can only apply for these if my children are British citizens?

That someone has misinformed you. Their nationality is not an issue.

And as they are also on ILR so I can not apply for child tax credit and child benefits..... Is that true?

No, untrue.

Make the claims for Child Benefit and Tax Credits. It is now the case that such claims can only be backdated by one month (compared to the three months that applied previously). A delay in claiming will cost you money.

[doc44]

Dear John,

I have a question if you could help. It is giving me a real headache to myself and to my family. Need your advice please. Your advice will be a relief pill for me.

My family is back home and will apply for dependent visa T2. I mistakenly claimed CB and CTC about a year ago and stopped it 2 months after that realizing it is a mistake. I have also made a payment to CTC department. My family will apply for dependent visa soon using VAF10. Will they be ok. Both CB and CTC was in my name but ya CTC was a joint claim with myself as a main claimant. There is a question in the form. Have you ever breached your immigration condition in UK? Need your help.

Have you gone through any recent case where application is refused because of benefit issue because after 14 feb 2012, in new form, question is not in present tense, it also includes the past. Many thanks.

[John]

doc44, we have been through this before ..... see these posts ..... where you asked the same question.

The only thing new now is the redesigned application form. As regards :-

Have you gone through any recent case where application is refused because of benefit issue because after 14 feb 2012, in new form, question is not in present tense, it also includes the past.

-: I cannot recollect anyone posting about this new situation, just two months old.

[doc44]

doc44, we have been through this before ..... see these posts ..... where you asked the same question.

The only thing new now is the redesigned application form. As regards :-

Have you gone through any recent case where application is refused because of benefit issue because after 14 feb 2012, in new form, question is not in present tense, it also includes the past.

-: I cannot recollect anyone posting about this new situation, just two months old.

Hi john,

Thanks for your reply. The post you quoted was related to my T2 application. I used the old form and was ok.
Now i am concerned about my wife and daughter who are not in UK but back home and will apply for entry clearance. Will CTC cause any problem for them. CTC was a joint claim. Have they breached the condition?

[doc44]

Why I asked about the new form John, just to get an idea how HO is dealing with benefits claimants after the new form. Are they relaxed on applicant who stopped getting benefits or all are under the knife (present and past)? Thanks

[Shazzy001]

Hi John Its Shaz again. Many thanks for such useful information. Just a quick question:

Is there any difference between Working Tax Credits and Child Tax Credit and how they are claculated?

Also if I apply for any other benefits like Housing, Council Tax, JSA or Income support etc, how they will effect my WTC or CTC?

I would be grateful if you can answer these questions.

Shaz

[Jaanraja]

Hi John and friends,
I m recently married to a British citizen a week ago who have children from her previous husband and was claiming child benefit, child tax credit, working tax credit, housing benefit from the council, and council benefit me and her both work parttime as I m on student visa here she is working 16 hours a week and me 19 hours a week as far as i know if u get marry to someone u have to report that to the benefits department so we went to the council today to discuss about the housing benefit and coucil tax benefit and told them about our situation that we r being married now so they ask for our pay slips national insurance no and bank statements which we gave them than they done the calculation according to them, removed the single person discount and increased the rent from £20 pound per week to £51 pound per week and also increased the council tax which my partner was never paying before to 101 pound a month but said ur still entitled to £6 pound council tax benefit and £58 pound housing benefit as her original rent is £109 pound per week cud u please advice me what should I do now coz I m
Gonna make my application for flr(m) soon coz of the rule changing on 9th July
My questiuon is what should i do now should i ask my partner to stop caliming the benefits completely or should we continue to claim them and make the application the benefits are housing benefit,council tax benefit,wtc,cb,ctc which one we can claim and wont affect my flrm application any help would be greatly apprecitaed plz thnx

[JimBoJohn]

Hi John,


Is it OK to claim WTC as a couple after the offer of a job in the UK office of the company my spouse was working for was included in her visa application but was later filled locally after she was asked to complete an extra 3 months notice in her job abroad before coming to the UK?


At first reading para 6b, I thought we would be OK, but now after reading para 6c again carefully, I am concerned that we could be regarded, depending on how they view the situation, as having recourse to public funds. I can't work out if 6c applies here or not!


She is, of course, looking for a job since arriving but in the mean time I need to be careful we don't jeopardise her residency prospects.

6B. Subject to paragraph 6C, a person (P) shall not be regarded as having recourse to public funds if P is entitled to benefits specified under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002.

6C. A person (P) making an application from outside the United Kingdom will be regarded as having recourse to public funds where P relies upon the future entitlement to any public funds that would be payable to P or to P's sponsor as a result of P's presence in the United Kingdom, (including those benefits to which P or the sponsor would be entitled as a result of P's presence in the United Kingdom under the regulations referred to in to paragraph 6B)".

Many thanks,


Jim

[John]

Para 6C is only in play when the visa application is considered abroad. I think the easiest example is where someone is applying for a Child Settlement visa, in order to get a child into the UK, and if the visa is granted there might well be claims for Child Benefit and Child Tax Credit.

Prior to para 6C being added to the Immigration Rules there was nothing to stop those prospective benefits being taken into account in deciding whether the financial test was passed. Now thanks for para 6C those prospective benefits cannot be taken into account, even though if the visa is granted, there could well be claims being made.

So JimBoJohn, para 6C is of no concern to you, and as para 6B is in play, there is nothing to stop you and your wife making a joint claim for Tax Credits.

[Siren]

Hi John - JimBoJohn here again,


My spouses visa application was filed outside the UK in the UAE where she was living - not sure how clear I made that in my previous posting?


She came to the UK after the job she was offered in the UK branch of the company she was working for in the UAE (included as part of the spouse visa application) was given to someone else within the UK when she had to work later in her job in the UAE.


This would, it seems to me, fall within the first part of para 6c (outside UK visa application) and then, as it is WTC, that would it seems to me fall within the second part of para 6c ie including those benefits to which P or the sponsor would be entitled as a result of P's presence in the United Kingdom under the regulations referred to in to paragraph 6B.


Sorry to press you for clarification John but am I missing something here?


Thanks again.

[John]

I missing something here?

Yes, you are missing the fact that she is not now making a visa application outside the UK. Accordingly para 6C is not in play.

[Jaanraja]

Dear john,
i have asked some questions before but may be didn,t come into ur attention cud u please help me with this
I m recently married to a British citizen a week ago who have children from her previous husband and was claiming child benefit, child tax credit, working tax credit, housing benefit from the council, and council benefit me and her both work parttime as I m on student visa here she is working 16 hours a week and me 19 hours a week as far as i know if u get marry to someone u have to report that to the benefits department so we went to the council today to discuss about the housing benefit and coucil tax benefit and told them about our situation that we r being married now so they ask for our pay slips national insurance no and bank statements which we gave them than they done the calculation according to them, removed the single person discount and increased the rent from £20 pound per week to £51 pound per week and also increased the council tax which my partner was never paying before to 101 pound a month but said ur still entitled to £6 pound council tax benefit and £58 pound housing benefit as her original rent is £109 pound per week cud u please advice me what should I do now coz I m
Gonna make my application for flr(m) soon coz of the rule changing on 9th July
My questiuon is what should i do now should i ask my partner to stop caliming the benefits completely or should we continue to claim them and make the application the benefits are housing benefit,council tax benefit,wtc,cb,ctc which one we can claim and wont affect my flrm application any help would be greatly apprecitaed plz thnx

[Siren]

OK, thanks John for clearing that up - I was interpreting the outside the UK of 6c as applying retrospectively.. but I see thats not the case...


Putting all the pieces together, subject to confirmation from my MP and Benefits Advice Centre, I will not be able to apply for HB now that my wife has joined me without breaking the no recourse to public funds rule but am safe, according to your clarification, to apply for WTC as a couple without breaking the no recourse to public funds rule.


Just to complicate matters, with my health condition, I struggle considerably more in the winter months and so would be looking to try to go abroad somewhere with my wife during the winter months.


Can you point me in the right direction please for the rules which outline the maximum time my wife is allowed outside of the country during her spouse visa so that she doesn't compromise the next step in the residency process?


I recall reading somewhere, that if my wife and I spend 4 years or more outside of the country then she is automatically entitled to apply for residency but I need to confirm that and the exact details..


THank you again JOhn for your most kind help..


EDIT: I know that in addition to my spouse's visa residency application, there are other rules affecting my WTC and time allowed outside of the country etc..

[vinny]

Yarce (adequate maintenance: benefits) Colombia [2012] UKUT 425 (IAC) (30 November 2012)

[rkabishi]

Hi John
I am a holder of Refugee status in the UK since 2008 and have a child of 2 years old(born here).I am claiming child tax credit,child benefit,working tax credit,housing benefit and council tax credit.
2 of my relatives twins of 12 years old have been given a visas to join me.in that visa it is stated:No recourse to public fund.
my question is that,is it legal to continue claiming those benefits with all the 3 children?

[vinny]

‘Adequate’ maintenance and welfare benefits

Ahmed (benefits: proof of receipt; evidence) [2013] UKUT 84 (IAC)

Useful best practice case for practitioners still dealing with old-style maintenance cases, particularly where the sponsor is in receipt of welfare benefits of some sort.

[jakfzs77]

Hi
I have a question if any one please able to answer. I am british and my wife just got spouse visa till april 2019.

I am working as self employed and my business not doing well. IF i claim working tax credit and housing benefits would its effect my wife visa extension in 2019.

please clear me on that. many thanks

jak

[Casa]

Claiming WTC in JOINT NAMES won't affect your wife's visa application. Housing Benefit can only be calculated as a single person, not as a couple. Do you have a child/children living with you?