Adequate maintenance:- benefits rates from April 2012

[aljoy]

Please note that there are new benefits rates effective from April 2014 which will need to be used in order to calculate adequate maintenance levels.

Following the Upper Tribunal case of Ahmed [benefits; proof of receipt; evidence] Bangladesh [2013] UKUT 84 [IAC] and the Immigration directorate instructions Annex F Chapter 8 Family Members - Maintenance And Accommodation (click) (include a copy) at page 4, paragraph 5.2, staff considering an application for entry clearance, leave to remain, further leave to remain or indefinite leave to remain must demonstrate calculations detailing the actual financial position of the applicant/sponsor in all cases that fall for refusal using the following formula:

A – B ≥ C

A minus B is greater than or equal to C.

Where:

A is the projected NET income (after deduction of income tax and national insurance contributions);

B is what needs to be spent on accommodation (rent/mortgage and council tax); and

C is the amount of Income Support an equivalent British family of that size can receive.

For the purpose of income, benefit income can be used as income as per Immigration directorate instructions Annex F Chapter 8 Family Members - Maintenance And Accommodation, paragraph 5.2(a). No benefit income is said to be excluded in the Immigration directorate instructions.

Key rates 2014/15 should be:

Income support rate for a:
couple £113.70 per week/£492.70 per calendar month
single person over 25: £72.40 per week/£313.73 per calendar month
each dependent child: £66.33 per week/£287.43 per calendar month
income support family premium: £17.45 per week/£75.62 per calendar month.

e.g. using these calculations a couple with two children would need to show:

£113.70 for couple
£17.45 family premium
£66.33 x 2, for each dependant child

=£263.81 per week left over after deducting rent/mortgage and council tax.

A couple with no children would need to show £113.70 per week remaining after rent/mortgage and council tax is deducted.


See
Benefit Rates 2014

Hi Amber,
I hope you can lighten up my situation. Iam a British citizen, married to a foreign citizen. I wanted to bring him here with me so we can start our lives together, currently studying a degree here in UK and working 20hrs per week. I have annually income of 11,000 but not enough for financial requirements 18,600. I wonder if iam under adequate maintenance since iam a student and student finance do help me to pay for my fees.

I really hope you could advice us and thank you in advance

[matthymeine]

my wife got a certified copy of ex spousal aliment support from her lawyer at end of july now its been almost 3 months , i have two questions :
1- will it be valid after 3 months!!
2- it's just a copy done in july it's not the original but it's a cetified copy , do we need the original !!

[gkolezi1]

Dear Amber
I am a male with a 3 year old child living here in uk. I want to bring my wife over on spouse visa. I look after my disabled mother and getting 61.35 CA p/w plus 62.89 p/w child tax plus 45.25 p/w income support plus 82 p/m child benefit. Also my wife got savings of 16200 pound in her account for more than 6 months. Am i going to be ok or do i need some part time job?

thank you

[aiqbal]

Hi members

I have recently got married and my wife is british. I am currently on tier 1 entreprenuer visa. I am looking to apply family visa the 5 year route and really confused while calculating the £18,600 financial requirement. Firstly, my wife was employed for 1.5 year with a company on hourly pay which she left in september this year. She has joined another employement on hourly pay in october. I have got cash savings of worth £53,000 in my account. And i was employed in a company while I was on psw visa and left the job in feburary 2014. From the period Dec to Feb I earned gross figure of £4,200. Can I sum up all the actual pay I and my wife recieved combined with the saving of £53,000 to meet financial requirements.
Looking for prompt help.

[Obie]

You can do that. But this is not the appropriate thread to make your query.

[gkolezi1]

Anyone with any advise? Thank you!

[corasson]

Hello Dear Amber or Obie

I need advices. I have applied for flr fp(5 years route). I am a single mother with two child. the first child she is 9years lives in Africa and the second lives with me in the uk. he is british. i am a single mum and lives with my baby.
While waiting for the HO decision and the return of my documents i am trying to get ready with my finance and prepare to travel and apply for my daughter abroad and bring her.

i would to know if i qualify for the adequate maintenance.

rent= 265 per month
my landlor pay for the council tax.

salary(maternity pay)= 550.72 per month
child benefit= 82 per month
child maintenance= 220 per month
total= 852.72

single parent= 289.73(which is 72.40 a week)
one child = 287.43(which is 66.33 a week)
total=554.92

so from my incomes 852.72-265=587.72
587.72 which is equal or abobe 554.92.

could you please checked it and tell me if is alright and i will be able to get a visa for my daughter thanks very much

[corasson]

Hello hope you guys are all well.

Please could someone looks into my above post and let me know if my adequate maintenance calculation is right.

Thanks.

Waiting....

[corasson]

Please Anyone give me some advice. I posted questions above can someone looks into it and give me an answer

Thanks

[tiddy2545]

Hi,
I have got my son (12 years old) visa refusal today on ground of adequate maintenance and sole responsibility
My husband has been on DLA receieving hight rate of mobility and middle rate of care, ESA (joint cliam) £144.65 a week .I am in receipt of CA £ 61.35 , we has received HB £ 69.23 weekly and our rent of £300 amonth
when I applied my son visa i have submitted the relevant evidence eg. paper work from DWP of each benefit showing how much we have received per week, and in my covering letter i breakdown our income and show that I have adequate maintenance to support my son , on top of that we have £4000 in current savings.
But the embassy stating that i have not provided satisfactory evidence to show the financial position of the household where I am proposing that my son will live, and not provided satisfactory evidence to show present level of benefits received or evidence of payments into our accounts and not provided satisfactory evidence to show that an adequate income is received regularly into the household.
I have submitted a year bank statement which all benefits would be paid into our bank accounts so I have no evidence of payment and I have the update paper work from DWP in April 2014( DWP will renew every April)
Could any member help me to clarify what i have been required please. Thanks

[its_capricorn]

Hi ,
Do we have to include children who are British and show £66 for them ?
I am a British citizen and going to apply for ILR for my wife.She got spouse visa before 9th July 2012.
We have one kid (British).
Please reply.
Thanks

[marsplastic]

Would you be able to confirm that we have used the correct figures and that this is the best way to present the information on the SET(M) form at a Premium Service appointment for ILR:

Applicant for ILR has been with the same employer for over 2 years. However only last two months as permanent salaried position. Prior to that he has had variable hours being paid weekly.

Applicant's spouse claims disability living allowance (and is self employed but profit as submitted in self assessment Jan 2015 for financial year 2013-2014 is minus £167)

As per our reading of the Annex FM Section FM 1-7: Financial requirement - For the applicants income we have added up the payslips net income from 15/01/2015 to 17/01/2015 and divided by 12.

This is our calculation

Calc 1.JPG (88.25 KiB) Viewed 3060 times

This is our calculation -

Is the calculation correct and prove adequate maintenance and is this the best way to present it on the form and at our appointment? We have the 12 months payslips for the applicant. Thanks alot for your help.

[tcmydear]

I am going to apply for my SET M ILR application with my one child on old rules. My husband is also receiving child tax credit, child benefit and housing benefit.
My weekly income £150 per week
My husband weekly £159 per week
child benefit £34.05 per week
child tax credit and working tax credit £ 181.23 per week
Total income: 150+159+34.05+181.23 =£ 524.23

 My husband is getting housing benefit £ 186.66 per week. (Only my husband name as lone parents.
 Council tax benefits £18.00 per week. (My husband name as lone parent)

I have 2 kids one British and one is applying with me for ILR
Income support rate for a:
couple £113.70 per week/£492.70 per calendar month
single person over 25: £72.40 per week/£313.73 per calendar month
each dependent child: £66.33 per week/£287.43 per calendar month
income support family premium: £17.45 per week/£75.62 per calendar month.
e.g. using these calculations a couple with two children would need to show:
£113.70 for couples
£17.45 family premium
£66.33 x 2, for each dependant child
113.70 + 17.45+ 132.66= 263.77

Rent:
Our house rent is £186 pounds and council tax is £20 per week.
So total is 186+ 20= £206
A-B>C
524.23-206> 263.77
318.23>263.77
• Can please my above calculation is right or wrong?
Now I am very scared one solicitor said to me I can’t get ILR because my husband getting house benefit and council benefits.
My same day appointment on 25 of February and he told me we should stop housing benefits.
Can someone get ILR ON SAME DAY applied with housing benefits and council benefits? And please someone confirm my above income earning is enough for adequate maintenance. Or my husband should stop housing benefits and council tax benefits. I am on 2 years route.

[tcmydear]

any body please

[alleycatm1]

help need.can someone tell me if all benefits count towards adequate maintenance. i receive,child and working tax credit,csa,child benefit,dla myself,dla my daughter.i also receive partial housing and council tax benefit,.do all thses benefits count towards adequate maintaince and are the calculations made on the rent and council tax i currently pay or my rent with out housing and council tax benefit

[Frustrated1]

Hi.
I am a little confused. Is this regulation in addition to the £18600 pa threshold? I earn over the £18600 threshold, but have high rent cost and 1 dependant. This is now concerning me!
I do get a minimal amount of child tax credit and a little bit of housing benefit. I earn £19000+ through my employment (before tax).

[halftheplace]

Hello there, 'quick' question:

we're getting married in march and her visa runs out at the end of may

I'm in receipt of DLA at £172/month and currently desperately looking for a job, so A) if I were to get a job, say, mid-march, would the calculation for weekly pay be based on my pay from the date of employment, or would it be an average of the previous three months, regardless of employment? If it's the latter, I'm terrified

secondly, I've noticed that some people have said that a 'letter of undertaking' from your parents saying that you can live in your room in their house is enough to qualify for the housing element of 'adequate maintenance' under FM (meaning that you don't have to take rent cost into consideration, making the earning threshold considerably lower)? Doesn't that qualify as 'promises of third party support', and therefore not count?

Thanks in advance - we're in a total mess :/

edit: and does 'salaried employment' mean that work as a temp or an 'hourly paid lecturer' doesn't count? I'm currently being offered 8 hours a week at £39.9/hr from now until late may, with the extreme (but probably un-'provable') likelihood of renewal on a rolling basis - this is my career, and it's what I love to do, but am I going to have to pull the cord on that and take a job in a callcentre making £14k/year just to provide evidence of permanent/salaried income? I'd do it in a heartbeat, obviously, but by walking out of negotiations after this has been set up for me I'd burn a ton of bridges - a sacrifice I'm willing to make without hesitation, but one that would have serious longterm effects

editedit: and would a PhD bursary (£13,000/y) starting in may count if we apply in may?

sorry for the barrage - whole ton of questions that we should've come here to ask first instead of wasting time trying to figure out ourselves

[Amber]

Are you not getting ESA? Employment would count as should a bursary.

[halftheplace]

Thanks for the reply - I'm not currently on ESA as we were told that 'public funds' are a massive no-no - also I'm only slightly dyspraxic, so we didn't think that would count (it does mean that the disability premium is included in JSA/Income Support calculations though)

Apologies, but 'employment' as in? I'm entirely confused as to how these regulations will treat Hourly Paid/variable contracted hours/temp work - I was told that any employment used as evidence of income must have evidence showing that it is 'long term' - how does this work? :/

also I'm currently on JSA - graduated in mid january and signed on to A) help with finding work and B) gain an extension on paying back my career development loan... is this going to negatively impact the situation, even if I do sign off, secure work in the next week or two, and have a full month's worth of payslips/salary to evidence employment?

[tcmydear]

I am going to apply for my SET M ILR application with my one child on old rules. My husband is also receiving child tax credit, child benefit and housing benefit.
My weekly income £150 per week
My husband weekly £159 per week
child benefit £34.05 per week
child tax credit and working tax credit £ 181.23 per week
Total income: 150+159+34.05+181.23 =£ 524.23

 My husband is getting housing benefit £ 186.66 per week. (Only my husband name as lone parents.
 Council tax benefits £18.00 per week. (My husband name as lone parent)

I have 2 kids one British and one is applying with me for ILR
Income support rate for a:
couple £113.70 per week/£492.70 per calendar month
single person over 25: £72.40 per week/£313.73 per calendar month
each dependent child: £66.33 per week/£287.43 per calendar month
income support family premium: £17.45 per week/£75.62 per calendar month.
e.g. using these calculations a couple with two children would need to show:
£113.70 for couples
£17.45 family premium
£66.33 x 2, for each dependant child
113.70 + 17.45+ 132.66= 263.77

Rent:
Our house rent is £186 pounds and council tax is £20 per week.
So total is 186+ 20= £206
A-B>C
524.23-206> 263.77
318.23>263.77
• Can please my above calculation is right or wrong?
Now I am very scared one solicitor said to me I can’t get ILR because my husband getting house benefit and council benefits.
My same day appointment on 25 of February and he told me we should stop housing benefits.
Can someone get ILR ON SAME DAY applied with housing benefits and council benefits? And please someone confirm my above income earning is enough for adequate maintenance. Or my husband should stop housing benefits and council tax benefits. I am on 2 years route.

I got my ILR .

[Amber]

Congratulations, you set it out correctly and it was successful.

[Amber]

I don't understand the concept there. You are claiming income based JSA and yet you say you won't claim ESA as it's a public fund, you don't think IB-JSA is?

Indeed, to meet the requirements for WRAG ESA you would need to have at least 15 points on the activities subject to the provision of Regulation 29. See http://www.disabilityrightsuk.org/emplo ... e-overview

[Michael1988]

Hello
I have been awarded PIP enhanced daily living and currently receive £81.30 per week.
I'm also in the process of applying for esa which should be a further £72.40 per week.

I was wondering if your spouses savings come as a benefit to the application? and can make up for the shortfall in weekly ingoings.
and would the combined amount of pip and esa be acceptable for the adequate maintenance, or is there a rule that benefits cant be used for this.
for accomodation is living with parents for free acceptable?



Thank you very much

[bantamba66]

Please note that there are new benefits rates effective from April 2014 which will need to be used in order to calculate adequate maintenance levels.

Following the Upper Tribunal case of Ahmed [benefits; proof of receipt; evidence] Bangladesh [2013] UKUT 84 [IAC] and the Immigration directorate instructions Annex F Chapter 8 Family Members - Maintenance And Accommodation (click) (include a copy) at page 4, paragraph 5.2, staff considering an application for entry clearance, leave to remain, further leave to remain or indefinite leave to remain must demonstrate calculations detailing the actual financial position of the applicant/sponsor in all cases that fall for refusal using the following formula:

A – B ≥ C

A minus B is greater than or equal to C.

Where:

A is the projected NET income (after deduction of income tax and national insurance contributions);

B is what needs to be spent on accommodation (rent/mortgage and council tax); and

C is the amount of Income Support an equivalent British family of that size can receive.

For the purpose of income, benefit income can be used as income as per Immigration directorate instructions Annex F Chapter 8 Family Members - Maintenance And Accommodation, paragraph 5.2(a). No benefit income is said to be excluded in the Immigration directorate instructions.

Key rates 2014/15 should be:

Income support rate for a:
couple £113.70 per week/£492.70 per calendar month
single person over 25: £72.40 per week/£313.73 per calendar month
each dependent child: £66.33 per week/£287.43 per calendar month
income support family premium: £17.45 per week/£75.62 per calendar month.

e.g. using these calculations a couple with two children would need to show:

£113.70 for couple
£17.45 family premium
£66.33 x 2, for each dependant child

=£263.81 per week left over after deducting rent/mortgage and council tax.

A couple with no children would need to show £113.70 per week remaining after rent/mortgage and council tax is deducted.


See
Benefit Rates 2014

[bantamba66]

I don't understand the concept there. You are claiming income based JSA and yet you say you won't claim ESA as it's a public fund, you don't think IB-JSA is?

Indeed, to meet the requirements for WRAG ESA you would need to have at least 15 points on the activities subject to the provision of Regulation 29. See http://www.disabilityrightsuk.org/emplo ... e-overview

Hello Amber, can you please please?I want my husband and 2kids twins age 15 to apply for settlement visa I'm receiving pip £54.45,I earn £560 to £650 a month, received child benefit £20.50 a week, working tax credit disability element and child tax £203.02 a week, housing benefit £131.00 a week. please help I can't work out if am entitled to maintenance please? thank you