W

[tomyluvd1s]

Issue resolved

[Ted]

I have applied for a spouse visa (Switching from PSW to FLR-M) and I am quite worried as my wife (British) claims CB), HB and Income-based JSA....

My name was not included in her JSA and HB applications as I technically, do not live in her flat....
My salary is in the region of 30,000pounds and I am of the opinion that she is not entitled to claim JSA because of my income....
I want to know the effect my wife's benefit claim will have on my application...
I also want to know if her income-based JSA and HB would be stopped if she informs them of my income....
Is it possible that we refund the JSA she has claimed?

I do hope somebody will put me out of my misery.

Thanks

So you say you are married, if this is the case then your wife would have had to disclose this vital information to all benefit departments.
If your income is in excess of 30 thousand pounds p.a then Im pretty sure your wife will be in trouble with the benefits offices unless you are not supporting her financially.
If you are making a spouse application, you will need to prove many things, not living with your wife or giving her financial support would not seem to be the act of a married partner etc.

You technically do not live in her flat but you do stay there right! or is this really a sham marriage?

Your wife seems to be on a lot of benefits for somebody who is married to a husband that earns higher then the average salary.

I was of the opinion that your wife being your sponsor would need to meet a financial threshold!





I would be very honest with the benefits office and even offer to pay any benefits back to them if you are found to be in breach of the law.

[tomyluvd1s]

Thanks Ted for the insight. She has been collecting these benefits before we got married so I thought they would stop the benefits automatically as she has informed them that she is now married.
My present work site is 4hours away from home, I do stay in the flat on weekends and on my days off work . Working away from home is my only shot at not being jobless, after searching for a job for over 7months.
I applied before July 29 so the new income threshold does not apply.
I am trying to calculate the refund now, do we have to start the calculation right from when we got married?

[Ted]

She has been collecting these benefits before we got married so I thought they would stop the benefits automatically as she has informed them that she is now married.

I am trying to calculate the refund now, do we have to start the calculation right from when we got married?

Benefits dont stop when you get married, they stop or the amounts change due to the change in a financial situation.
Even before you were married maybe her financial situation had changed, so she should have informed the appropriate dept of her changing circumstances asap.

You wife is 30 thousand pounds better off now than she was before, dont you think that would change the benefit situation, she may now not be entitled to any benefits, except child allowance.

Now you will have to explain with date etc, your earnings, and any other information they may ask.

Your partner should approach them and explain that she suspects that she has been over paid in benefits and would like them to recalculate so she can reimburse the amount overpaid.

Calculations should be made when your wife's financial position changed.


You could of course say and do nothing, but you would risk being discovered and face the consequences.

[wiggsy]

hmmm if she informed them of being married, are you named on the claim?

you also have a legal obligation to ensure the dwp is updated correctly...
not only your wife.

not only your wife commiting fraud, but you also.


I suspect it is not only jsa overpayment but also: housing benefit, council tax benefit, tax credits, (possibly, but most likely not working tax credit?)

did you inform hmrc of your change of circs? = you need to inform hmrc if you get married (or at least you did when i got married...

i can think of other benefits she could also be claiming fraudulantly...

Healthy start vouchers (you can claim if in reciept of ctc but on an income below 16k a year)
free healthcare... (16k limit?)