Benefits - clarification needed regarding SETM ILR forms!!

sally12345 · Post by **sally12345** » Fri Nov 12, 2010 9:36 am

Hi all,
As you can image this is a stressful time for my husband and I.

However, I was going through the Set M form and refer to section 7 Your home and Finances.

Ok so my question is regarding Public funds we are currently in receipt of the following:

Child Benefit that goes to me (British Spouse)
Child Tax Credit thatâ€™s claimed jointly
And working Tax Credit thatâ€™s again claimed jointly but my question is

(Working Tax Credit must be paid to my husband as I am not currently working. So does he on the form tick yes he is in receipt of this and I leave my section blank referring to this question???????

I hope that I am making sense here

Thanks in advance

sally12345 · Post by **sally12345** » Fri Nov 12, 2010 7:19 pm

anyone with helpful information I would be grateful

Post by **John** » Fri Nov 12, 2010 9:02 pm

Before posting in this Claiming Benefits section did you read the sticky topic subtitled "Read this b4 starting new topic."?

Your situation is far from unique.

sally12345 · Post by **sally12345** » Fri Nov 12, 2010 9:30 pm

John wrote:Before posting in this Claiming Benefits section did you read the sticky topic subtitled "Read this b4 starting new topic."?

Your situation is far from unique.

Hi John,

I have read this section however there is no question on there that relates to mine could you kindly give me a quick answer to my query

Regards,

Post by **vinny** » Sat Nov 13, 2010 1:51 am

sally12345 wrote:And working Tax Credit thatâ€™s again claimed jointly but my question is

(Working Tax Credit must be paid to my husband as I am not currently working. So does he on the form tick yes he is in receipt of this and I leave my section blank referring to this question???????

Joint claim, tick yes to both sections?

Post by **John** » Sat Nov 13, 2010 7:24 am

The problem is that the form SET(M) is badly designed as regards the Public Funds question. That is, the way the question has been asked does not take account of the legislation actually in force.

My comment, given numerous times on this board, in the circumstances we are talking about here, is to answer the Public Funds question "Yes" but then only tick relevant benefits in the column of the British (or settled) person, and do not tick them in the column of the person applying for ILR.

Why is this action justified? Because para 6B of the Immigration Rules is in play here and as it say in para 6B .... "........ a person (P) shall not be regarded as having recourse to public funds if P is entitled to benefits specified under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002."

In other words, for the ILR applicant, they are not having recourse to Public Funds.

BROOMIE · Post by **BROOMIE** » Sun Nov 14, 2010 9:29 am

Just a word of advice on page 16 of the SET M form On this page which is the declaration page for Spouse or Civil Partners you must sign here with the signature that is identical to your passport. I signed here in my married name and was asked to underneath as shown in my passport. If I had posted the form it would have come back so its just as well I appied in person in Birmingham. Just for information to those that are applying soonxx

Scottie71 · Post by **Scottie71** » Thu Nov 18, 2010 2:33 am

Hi,

My wife is Brazilian and claimed the HIPG. I am her British spouse so I believe I am right in thinking we were entitled to this. When we fill out our SET M you should I tick received it, her or me. I don't want to make an error but feel I might tick me to be on the safe side. However, I believe it was claimed in her name.

Can anyone advise me on this matter

Regards

Post by **John** » Thu Nov 18, 2010 7:22 am

There was certainly an entitlement for your wife to claim the HiPG, given she is married to you, a British citizen.

What to tick on the form? Given the Public Funds question is worded in the past tense, and the HiPG would have been claimed in the past, I think neither column should be ticked.

sally12345 · Post by **sally12345** » Thu Nov 18, 2010 8:22 am

John wrote:There was certainly an entitlement for your wife to claim the HiPG, given she is married to you, a British citizen.

What to tick on the form? Given the Public Funds question is worded in the past tense, and the HiPG would have been claimed in the past, I think neither column should be ticked.

I agree I am not going to tick and I got HIPG back in AUG and we apply for ILR in DEC so no need to mention it so I am told.

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Benefits - clarification needed regarding SETM ILR forms!!

Benefits - clarification needed regarding SETM ILR forms!!

Re: Clarification needed regarding SETM ILR forms!!

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