Immigrationboards.com

Dear Moderators/Guru's,

Doesn't these two statements contradict?

Copied from: http://www.immigrationboards.com/viewtopic.php?t=26916

Tax Credits! Absolutely no problem you and your wife submitting joint claims for Tax Credits, either in the past or now. The legislation .... reg 3(2), Tax Credits (Immigration) Regulations 2003, as reinforced by Rule 6B of the Immigration Rules .... states that where one of the couple is a person subject to immigration control (your wife) and the other of the couple is not (you) then for Tax Credits purposes only both are treated as not subject to immigration control .... and thus Tax Credits claims are totally OK, and for such a couple technically Tax Credits are not within the definition of Public Funds.

With,

Copied from: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Immigration Rules Paragraph 6 of the Immigration Rules defines benefits considered as public funds for the purpose of the Immigration Rules.

The following benefits and forms of support count as public funds:
 Attendance allowance
 Carers allowance
 Child benefit
 Child tax credit
 Council tax benefit
 Council tax reduction
 Disability living allowance
 Housing and homelessness assistance
Housing benefit
 Income-based jobseeker’s allowance
 Income related employment & support allowance – ESA (IR)
 Income support
 Personal independence payment
 Severe disablement allowance
 Social fund payment
 State pension credit
 Universal credit
 Working tax credit.

Where above it clearly states; Housing benefit, child benefit, child tax credit and working tax credit are public funds. And the case worker will follow these rules. Currently I am claiming all of these due to the being on a training position for the last 3 months with a low income.

My wife now qualifies for ILR(pre 9 July 2012 rules)after spending 2 years as my spouse(part under section 319AA[tier 4 dependant] and part ILR spouse). Does paragraph 6B covers all these benefits as they will not increase by a penny even if my wife get ILR?

While Home Office is the issuing authority of ILR, will they they not uphold their own policies?

It is complicated as not every person working at PEO's is fully trained, who has the full knowledge of not only immigration rules but also Tax and benefit rules.

I'll appreciate your valuable comments.

Thanks.

Where one member of a couple is not subject to immigration control, a joint claim for tax credits falls outside the scope of public funds and is thus perfectly acceptable.

Dear members,

I would have a questions regarding public funds. My husband holds an EEA family member resident card that will expire in 2017. I would just like to know if he is allowed to claim public funds as he applied for a governmental scheme to start up his business where he would receive a loan that he pays back in instalments. I was just wondering if he is eligible to receive public funds. We are both working, and do not receive other kind of benefits. If it is possible, could you post a related section from UKBA as we could not find one on the website that would clarify it completely.

Kind Regards,

szandi1990

Dear Amber,

Many thanks for your reply, but what about housing benefit and child benefit?

Please Advise,

Thanks in Advance

Child benefit should be in the name of the person who is not subject to immigration control. Housing benefit is more tricky as only a single person applicable amount should be paid, yet the claim should be joint.

Dear Amber,

Many thanks.