Claiming benefits but husband on spouse visa

[Hopejoce17]

Hi all,
Can anybody answer the following:

My husband is here on a spouse visa, due to reapply in Dec. I have just had our first child, my husband works 2 jobs and I was working, now on maternity leave. Am I able to claim working tax credits and child tax credits and will this have an effect on my husbands visa application, or should I leave him off the application even tho we live together. DWP have not been any help!

Thank you for any assistance on this query!

[JB007]

Hi all,
Can anybody answer the following:

My husband is here on a spouse visa, due to reapply in Dec. I have just had our first child, my husband works 2 jobs and I was working, now on maternity leave. Am I able to claim working tax credits and child tax credits and will this have an effect on my husbands visa application, or should I leave him off the application even tho we live together. DWP have not been any help!

Thank you for any assistance on this query!

You cannoit claim as a single person when you are not -that would be benefit fraud.

The Tax Credit benefits have ended and they are two of the low income benefits that have been replaced by Universal Credit. Universal Credit has different rules than the benefits it is replacing.

When I try to use a Universal Credit calculator and get to the part about a partner, it comes up with this-

"If you have Limited Leave to Remain or Enter you usually have no recourse to public funds. This means that you cannot claim most benefits, or have someone else's benefit claim increased to cover you. If a claim is made it may affect your right to remain in the UK.

You should seek specialist advice before going any further if you, your partner or child have Limited Leave to Enter or Remain.."
https://benefits-calculator.turn2us.org.uk/AboutYou

You must claim in both names. Ask the CAB if this will affect your husband's visa.

[JB007]

You can claim Child Benefit but that must be in your name only. Universal Credit is not being replaced by Universal Credit.

[JB007]

DWP have not been any help!

DWP deal with benefits, not immigration matters.

[JB007]

Universal Credit is not being replaced by Universal Credit.

Child Benefit is not being replaced by Universal Credit.

[joeyf]

As specified Child Benefit is not being replaced by UC, I know because I'm in reciept of both

[Hopejoce17]

Thank you for the responses received however, I know that DWP deal with benefits not immigration, my point was I called to enquire about benefits and mentioned my husband but they did not know if I could or could not apply with him due to visa. Secondly I was not asking if child benefit or any other benefit was being replaced.
I just wanted to know if anyone had any knowledge or info to my actual question!

Thanks again both for responding.

[JB007]

Thank you for the responses received however, I know that DWP deal with benefits not immigration, my point was I called to enquire about benefits and mentioned my husband but they did not know if I could or could not apply with him due to visa.

As said, they only deal with benefits. It's up to your husband to not do anything that affects the terms of his visa. We gave you above, a direct quote and link to a Universal Credit benefits calculator; a calcultor that is recommended by the UK government on their website

Under the old welfare system, your spouse could have had extra low income benefits for himself though your joint Tax Credit benefit claim, but under the new Welfare Reform laws he cannot. 5.2. billion was given in the low income welfare payment called Tax Credit in 2013 to foreign nationals and those who were a foreign national when they applied for a NINo, and that included those on a spouse visa. Figures like that bring in welfare changes.

Universal Credit is nothing like the benefits the 6 low income benefits they are replacing, of which Child Tax Credit and Working Tax Credit are two of.

[BecomingIrishCitizen]

Hi all,
Can anybody answer the following:

My husband is here on a spouse visa, due to reapply in Dec. I have just had our first child, my husband works 2 jobs and I was working, now on maternity leave. Am I able to claim working tax credits and child tax credits and will this have an effect on my husbands visa application, or should I leave him off the application even tho we live together. DWP have not been any help!

Thank you for any assistance on this query!

You HAVE to add your husband onto whatever benefits you claim. It is benefit fraud if you claim as a single person as it means you’ll get more money than you’re entitled to. And no, it will not affect your husband’s application.

[JB007]

It is benefit fraud if you claim as a single person as it means you’ll get more money than you’re entitled to.

Not always more money if somebody puts in a welfare claim as a single person. But when the DWP is alerted to the fraud (the DWP deal with all benefit fraud now), all the money has to be paid back with a fine added, even if this is the same amount of benefit money they could have claimed as a couple. They then have to apply for low income benefits as a couple and that claim cannot be backdated.

This is because those claiming fraudulently can no longer deduct what they they would have been given from what they have taken, to reduce what they must pay back. This higher amount also means they can then reach the amount obtained by fraud to proceed to court.

[Hopejoce17]

Thanks for the replies, you guys are great! Situation has been sorted now. Thanks again x

[K1 de altimate]

To Hopejoce17


Please, I will be grateful if you can explain how it was sorted out because I myself wanted to apply as I was on child tax credit before and when I informed HMRC that my partner income should be added to my claim, they just ask me to apply for UC and my partner Leave to remain doesn't allow her to claim benefit.


Initially, have applied but later cancel because I do not want to do anything that will affect her extension and I will reapply when necessary or whenever there is clarity on this issue.


Thanks

[Pak_Asif]

To Hopejoce17


Please, I will be grateful if you can explain how it was sorted out because I myself wanted to apply as I was on child tax credit before and when I informed HMRC that my partner income should be added to my claim, they just ask me to apply for UC and my partner Leave to remain doesn't allow her to claim benefit.


Initially, have applied but later cancel because I do not want to do anything that will affect her extension and I will reapply when necessary or whenever there is clarity on this issue.


Thanks

Hi K1 de altimate,

You can apply UC online and fill in your details and your partner's details. At the end of the application they will ask to book an appointment for an interview for yourself and your partner. During that interview they will ask for proof of identity, address and income etc. If your partner shows her BRP then they will stop her part of the UC application as no recourse to public funds, but your part of the application would go through. This has been my personal experience. I am British while wife is on spouse FLR(M) and we have two kids both British born.
I hope this helps.
Thanks

[K1 de altimate]

Thank for your response, But hay your partner apply for FLR M extension and also did you declare that you are claiming UC?

Once again, thank you and I will look into applying and see how it goes.