Claiming benefits and meeting the minmium requirement threshold

[Alz3eem2018]

Dear Forum,

I may have asked this question before but this time it would be in a different format.

In 6 months time i will be renewing my wife's spouse visa extension (5 year route). Due in January 2021.

TO BE IN THE SAFE SIDE I THOUGHT ILL DROP THEM POINTS FOR SOMEONE KNOWLEDGEABLE TO ANSWER AND GUIDE ME.

I am still working full time and get paid around £20,000.
I have 2 kids who have the british nationality. (both under 2 years)
I was told i can apply for universal credit to meet the living requirement due to the additional 2 kids (previously it was called child tax credit)
Obviously you have to apply with your wife despit her card says no recourse to public fund.

We both don't pay no council tax. I am a fulltime student too doing my masters and from her side the council has acknowledged that she is on spousal visa so she doesnt need to pay council tax too. So we got an exemption from paying council tax and both our names are on the statement.

I dont want her to get refused and dropped to a 10 years route. So My question is:

1. Do i stop my Universal credit. Is there a small risk. They have taken both our details and as usual they refused her claim but presumed my claim.

2. Is there a risk about my council tax exemption for both.

As mentioned above i meet the financial requirements and still working in the same company which i have been since the first grant of the spouse visa.


Awaiting CR001 and the knowledgeable members to guide.

[JB007]

I dont want her to get refused and dropped to a 10 years route. So My question is:

1. Do i stop my Universal credit. Is there a small risk. They have taken both our details and as usual they refused her claim but presumed my claim.

Answered. claiming-benefits/child-tax-credit-spou ... l#p1800885

2. Is there a risk about my council tax exemption for both.

Your wife on a spouse visa ,cannot take Council Tax Reduction as this a is a public fund.
https://www.gov.uk/government/publicati ... blic-funds

If you were in the UK on aTier 4 visa, I think your wife would be exempt from Council Tax, but she is on a spouse visa.

Your wife could ask the council for a 25% single person reduction, if she is the only person in the property who is liable for Council Tax.

[THO]

How can you be earning 20K PA and not be liable for council tax?

[JB007]

How can you be earning 20K PA and not be liable for council tax?

They still get a Council Tax bill as the OP's wife lives there. If she is the only other adult in the property, then then she can ask for the 25% single persons discount as the OP is a full-time student and gets an exemption.

Discounts for full-time students

Households where everyone’s a full-time student do not have to pay Council Tax. If you do get a bill, you can apply for an exemption.

To count as a full-time student, your course must:

last at least 1 year
involve at least 21 hours study per week

If you study for a qualification up to A level and you’re under 20, your course must:

last at least 3 months
involve at least 12 hours study per week

You’ll get a Council Tax bill if there’s someone in your household who’s not a full-time student, but your household might still qualify for a discount.
https://www.gov.uk/council-tax/discount ... e-students

So basically the OP is exempt as he is a full-time student, but his wife is not exempt and has to pay.

As you rightly say, and I missed it, they cannot have Council Tax Reduction anyway because of their earnings



I was wondering how the OP can be working all those hours when he is a full-time masters student.

[JB007]

2. Is there a risk about my council tax exemption for both.

Correction to my answer above, thanks to THO; your wife does not qualify for council tax exemption because she is not a student.

Advice your council that your wife should be sent a council tax bill as she is not a student and that she is in the UK on a spouse visa (not as a Tier 4 dependant) and is therefore liable to pay council tax.

If she is the only person in the property who is liable for council tax (no other adult lives there), she can ask for a 25% single person discount.

[JB007]

Council Tax. - Who has to pay.

https://www.gov.uk/council-tax/who-has-to-pay

It's your wife's responsibilty to ensure she tells the Council, even if if it is the council who made the mistake. You were both required to read and correct the Council tax exemption letter/s when they arrived..

[Alz3eem2018]

Just to make it clear for some of the correspondence here. I am a totally ligit person and dont mess with playing aound to save me just for the sake.

I work as an architect assistant and from the 5 days within the week i get released from my company for a day to go to university.
My course is one day but is counted as a fulltime course. Dont ask me how but this is how it is considered due to the uni work load.

Now as i am a fulltime student recognised by the the council i get my exemption. My wife who is on spousal visa she is exempted although i kept paying but they refunded me the money.

Council Tax disregard: spouses (non-British) of students
How you qualify
A person is disregarded for Council Tax purposes if:

They are the spouse or dependant of a student and
They are not a British citizen and are prevented by immigration rules from “taking paid employment or from claiming benefits”.
An all-student household is exempt from Council Tax, including dwellings where a student has a foreign spouse or dependant living with them.

Example qualifying person
Q. My partner is prevented from receiving benefits, but may take paid employment. Do they qualify for disregard?

A. Yes: to qualify for disregard the spouse or dependant may be prevented from either taking paid employment or receiving benefits.

[Alz3eem2018]

https://www.northampton.gov.uk/info/200 ... tegories/8


This is the link above. Obviously i deal with Sheffield City Council who also confirmed that she doesnt need to pay..

Can someone please reply about the question about universal credit on the main topic.

[JB007]

https://www.northampton.gov.uk/info/200 ... tegories/8


This is the link above. Obviously i deal with Sheffield City Council who also confirmed that she doesnt need to pay..

Why are you using the Northampton Council site if you are dealing with Sheffiled council?

As you saw from the government link I gave above, your wife is liable for Council Tax but can have a 25% reduction if she is the only person liable for council tax, if you are classed as a full time student.

However, councils do have the powers to set set their own rates and reduction percentage and that is why you need to use your own council, which you now say is Sheffiled.

e.g. From the government link for Council Tax above, it states-

To count as a full-time student, your course must:

last at least 1 year
involve at least 21 hours study per week.
...
You’ll get a Council Tax bill if there’s someone in your household who’s not a full-time student, but your household might still qualify for a discount.


The discount them links to the 25% single person discount when there is only one adult at the property who must pay council tax.Council tax is always based on 2 adults in the property. 3 or more adults does not increase the council tax bill.



On the Shefield City Council website it states-

You can only apply for a student discount/exemption if:

you’re the liable person for Council Tax purposes; and
you’re a full time student, or the property you live in is occupied by one or more students, school or college leavers. If two or more people living in the property are not qualifying students, no reduction is allowed

Which matches the gov.uk site quote - no 25% single person discount if there is more than two adult in the property who should pay council tax.

The requirement for student discount, Sheffiled City council states-
You’re classed as a full time student for Council Tax purposes if you’re:

enrolled at a college, university or similar, and your course lasts for at least one full academic year, which involves at least 24 study weeks in each year, with an average of 21 hours of study a week



Use the site where you should be paying taxes to and make sure (in writing) that they are aware that your wife also lives in the property and that you are not on a Tier 4 (student) visa. Then if they state that nobody in your house is liable for any council tax and that they know your wife is living there too, make sure you get all that in writing.

[JB007]

If your bill shows a reduction in the amount of Council Tax you have to pay, and your circumstances change which means you may no longer be entitled to receive this reduction, you must let the Council know within 21 days from the date of the change. If you do not tell us, this may lead to prosecution and a fine of up to £280.
https://www.sheffield.gov.uk/home/counc ... tions.html

[JB007]

Can someone please reply about the question about universal credit on the main topic.

I dont want her to get refused and dropped to a 10 years route. So My question is:

1. Do i stop my Universal credit. Is there a small risk. They have taken both our details and as usual they refused her claim but presumed my claim.

Answered. claiming-benefits/child-tax-credit-spou ... l#p1800885

[JB007]

1. Do i stop my Universal credit. Is there a small risk. They have taken both our details and as usual they refused her claim but presumed my claim.

Apart from what you have been told before when you asked, you can read about Universal Credit.
https://www.gov.uk/universal-credit/eligibility

Things like this quote from that link, that shows somebody with low income who lives in the UK and has settlement, can claim welfare payments, even if they have a partner who cannot claim, but they cannot take extra benefit money for them.

If you live with your partner

Your partner’s income and savings will be taken into account, even if they are not eligible for Universal Credit.

And this, that shows that when your wife is allowed to claim UK benefits/be on a joint claim with you, she will have work requirements.
https://www.gov.uk/universal-credit/you ... sibilities

[JB007]

I was told i can apply for universal credit to meet the living requirement due to the additional 2 kids (previously it was called child tax credit)

Not quite. Child Tax Credit is one of the 6 low income benefits replaced by Universal Credit, but UC is nothing like the benefits they replace, except for the income based jobseeker's allowance benefit. The other 5 low income benefits being replace by UC, have changed a lot. Under the Welfare reform laws, of which Universal Credit is part of, the UK have ensured they now pay less benefit money that some other EU countries do aslo brought in the 2 child limit for low income benefits.

In addition to that, Universal Credit has work requirements for both parents and at least one parent must work at least 35 hours a week until eventually both parents must work a full week each, whereas the short lived Child Tax Credit benefit had no work requirement for parents. UC can't be claimed for their children living in EU countries, as Child Tax Credit could be. etc.

[THO]

As far as I can see, you should be paying council tax at the full rate, I can not see why you think you are a full time student as you are employed by as an architect assistant, and you do a day release course. You are an employed person.

Two adults neither of whom should be able to get a discount. It does not matter if you are not working, my council told me that, because when my wife moved in with me, I lost my 25% single person allowance, and she was not working.

If you do not sort this out now and speak to them, I think one day they will come back and ask for all the money you have not paid, to be repaid.

Perhaps I am missing something?

[Alz3eem2018]

If your bill shows a reduction in the amount of Council Tax you have to pay, and your circumstances change which means you may no longer be entitled to receive this reduction, you must let the Council know within 21 days from the date of the change. If you do not tell us, this may lead to prosecution and a fine of up to £280.
https://www.sheffield.gov.uk/home/counc ... tions.html

I have written and spoken and visited the Sheffield council. They know the circumstances and everything you just noted was clearly mentioned and they decided that she is exempted and backdated all the money back. I have used the northampton website as it makes it clear. Sheffield council website doesnt mention it but they know about it. By the way one of my mates did the same and he's the person who told me about it and he just told me today that his wifes spousal extension got aproved.

[Alz3eem2018]

As far as I can see, you should be paying council tax at the full rate, I can not see why you think you are a full time student as you are employed by as an architect assistant, and you do a day release course. You are an employed person.

Two adults neither of whom should be able to get a discount. It does not matter if you are not working, my council told me that, because when my wife moved in with me, I lost my 25% single person allowance, and she was not working.

If you do not sort this out now and speak to them, I think one day they will come back and ask for all the money you have not paid, to be repaid.

Perhaps I am missing something?

Yes indeed i am a fulltime employee and have a day release. The course is counted as fulltime as its an intensive course by the University and got approved by the council via university letter hence why i am getting my discount as a fulltime student.

By the way it doesnt make a difference wether you work 35 or 60 hours. As long as you are a recognised fulltime student you'll get your council tax discount.

As mentioned above my mate succeeded but i just want to double check. I will cross check with my solicitor and when i get a response ill post back.

I am not worried about Sheffield council as i have everything written and agreed by them and they know about this rule.

My only issue and worry is the Home Office case worker when looking at the extension. I might aswell not show them the council tax bill then if its going to cause me trouble. IF IT MIGHT CAUSE ME ANY TROUBLE.