what to do when partner claimed benefit (income support JSA) with no recourse to public funds

[aubajwa]

Hi,

I claimed and received income support job seeker allowance as a couple , while my partner was clearly Tier 1 PBS dependent (with no recourse to public funds).

I just realized this issue now as my partner is about to apply for ILR and suddenly the benefits question switched on our heads.

I am not sure why DWP paid me income support JSA full as a couple when my partner BRP clearly mentioned 'no recourse to public funds'.

Any suggestions how to proceed to ensure ILR application is not effected.

What course of action shall I take?

Be noted my partner never worked as she is mainly house wife.

I and our kids are British citizens.

Regards

[zimba]

Exceptions because of nationality of family members
Child and working tax credits are claimed jointly by couples. If only one member of a couple is subject to immigration control, then for most tax credits purposes, neither are treated as being subject to immigration control.

A person subject to immigration control can claim certain public funds when they have a right to reside in the UK if they live with a family member who is a:
• British citizen
• national of a country in the European Economic Area (EEA)

https://www.gov.uk/government/uploads/s ... _v13.0.pdf

[aubajwa]

Hi Zimba,

I understand child benefits and child tax credits.

However, Income based JSA is something different.

As i explained earlier, DWP by mistake added my partner as I received JSA as a couple when my partner status is still 'No Recourse to Public Funds'...

I highlighted this to DWP but they just sent me revised JSA payments (for a single person) stating the reason as 'A RECENT CHANGE'.

But there was no recent change as we clearly stated DWP in interview that partner has no recourse to public funds.

Not sure what shall I do here..

Is there ant good lawyer to talk to ?

Regards

[vinny]

Partner must declare it.

However,

If you find out an applicant has received public funds but you have confirmation this is the result of an administrative error, or because an exception applies, you must not refuse the application on the grounds the applicant has no recourse to public funds. If the applicant was clearly not at fault and they received public funds in good faith, the benefit paying department may seek repayment.
Have they declared they are in receipt of public funds on the application form?
All application forms include a section that asks the applicant to declare whether they have received public funds.
If an applicant has received public funds that have a negative impact on their application, but not declared this on their form, you must refuse the application under paragraph 322(1A) of the Immigration Rules. This is because they have not declared a material fact when making their application. For more information, see related link: General grounds for refusal. If a person has not declared they have received public funds but they can claim these because of an exception you must not refuse under paragraph 322(1A).
Was the Public Fund awarded as the result of an administrative error?
Where the applicant provides confirmation from the awarding body that the public fund was awarded following an administrative error, you must disregard it and not refuse the application on this basis. You must still consider whether the applicant is able to meet any maintenance and accommodation requirements as indicated above.

[michali]

Page 54 of https://www.gov.uk/government/uploads/s ... pdf#page47

states:
'Jobseeker’s allowance paid because of paid contributions, for example JSA (C), is not classed as public funds. For more information, see related link: Benefits that do not count as a public fund.'

Also, as Vinny quoted, any benefits sent in error should not cause a visa to be denied.