ILR for wife and husband disabled

[Mohamm57]

I am disable and recieved employment and support allowance £156 per week, disability £100 per week, housing benefit £700 and council tax benefit. i also have one bedroom flat from council. my wife is here on 27 months spouse visa and she is my full time care and she recieved care allowance £59.75 per week. Is she eligible for ILR in uk?

[John]

There is bad news for you. The fact is that Carer's Allowance is within the definition of Public Funds in para 6 of the Immigration Rules. As your wife's visa has the No Recourse to Public Funds condition, it is essential that the claim for Carer's Allowance is withdrawn immediately.

Only after she is no longer getting Carer's Allowance should she consider making an application for ILR.

When did your wife come to the UK? And when does her current visa expire?

[Amber]

I am disable and recieved employment and support allowance £156 per week, disability £100 per week, housing benefit £700 and council tax benefit. i also have one bedroom flat from council. my wife is here on 27 months spouse visa and she is my full time care and she recieved care allowance £59.75 per week. Is she eligible for ILR in uk?

In addition to what John said about carers allowance I suspect that your housing benefit, council tax benefit and ESA if income related all has a component (couple amount) for your wife which is also a public fund. If your wife has been claiming all these funds all the time there will be a considerable overpayment and she may face refusal of her next visa as she has breached her immigration restrictions. Have you got any savings to pay it all back?

There could be an exception depending on what country she came from. What country is she from?

[John]

Mohamm57, are there any children living in your household? I suspect not in a one bedroom flat.

Also the benefits mentioned by D4109125, are those benefits calculated on the basis of a single person, or indeed on a couple basis?

[Mohamm57]

I told the council that my wife moved in with me. She is my care and she get the care allowance from my benefit

[Mohamm57]

Dear John there no children living with me. My wife is visa expire on 20.9.2014

[Amber]

I told the council that my wife moved in with me. She is my care and she get the care allowance from my benefit

Did you tell the DWP as well regarding ESA that your wife moved in?

Look at the council letters and see if your benefits have a couple rate amount?

What country is your wife from?

Do you have any savings?

[Mohamm57]

Dear Guru, yes I told DWP that my wife has moved in. My wife is from India and yes I do have £4500 in saving. I also have brother here who got a business and he can give me a letter and state that he will support my wife finincailly if she need it. I told the housing but on the housing letter it is my name in it. Think it single person. Thank you

[Amber]

Dear Guru, yes I told DWP that my wife has moved in. My wife is from India and yes I do have £4500 in saving. I also have brother here who got a business and he can give me a letter and state that he will support my wife finincailly if she need it. I told the housing but on the housing letter it is my name in it. Think it single person. Thank you

You need to ensure that you are not being paid any extra amount for your wife in either income related ESA, housing benefit or council tax benefit/reduction. You will need to look at the statement which gives you a breakdown of the amounts. Moreover, I suspect that your wife will be getting a carer's premium on all the benefits as she is receiving carer's allowance. Again this is a public fund. She needs to cancel the carer's allowance claim at once and you need to look at paying all the benefits back as soon as possible to have a chance at getting your wife settlement. At this point your Brother supporting your wife financially is irrelevant.

Did you tell the DWP and local council, for the carer's allowance, HB, CTB and ESA that your wife is subject to immigration control?

[Mohamm57]

Dear D4109125, if she stop her care allowance, will my benefit will increase again because the deducted her care allowance from my benefit. Thank u

[Amber]

Dear D4109125, if she stop her care allowance, will my benefit will increase again because the deducted her care allowance from my benefit. Thank u

You can only receive the Severe Disability Premium on your IR-ESA if no one is claiming (and being paid) carer's allowance for looking after you AND you are living alone. As you are not living alone you will not receive the extra amount if your wife stops claiming carer's allowance.

Once (if) your wife is settled (has ILR) then she can claim all necessary benefits. If you do not sort all this out you risk your wife's next visa being refused and she ill become an over stayer (illegal). I suggest you go to the Citizens Advice Bureau tomorrow.

[Mohamm57]

Dear D4109125, on my DWP letter said that law said I need £208 to live but the deducted the care allowance from that. If I stop then it will again increase this?

[Amber]

Dear D4109125, on my DWP letter said that law said I need £208 to live but the deducted the care allowance from that. If I stop then it will again increase this?

Ok on that sheet does it say "an amount because you are a couple" £112.55 or similar? Also does it say "an amount because you/your partner is a carer"?

The carer's allowance is deducted from IR-ESA because it is an income. You should not be getting the Carers Allowance or any other benefits for your wife. The IR-ESA statement should say "an amount because you are single" and "an amount for the WRAC and or Support Group and or the Enhanced Disability Premium" nothing more.

[Mohamm57]

Yes it say for you and your partner£111.45 and 32 because my wife is care

[Amber]

Yes it say for you and your partner£111.45 and 32 because my wife is care

Exactly, as I expected, neither of which you should be receiving. Now did you tell the DWP that your wife was subject to immigration control?

[Mohamm57]

Not really but I fill the form and tell them when she came here

[Amber]

Not really but I fill the form and tell them when she came here

Ok you failed to tell them that she was subject to immigration control which is the most important thing that you need to tell them. Therefore, this would unlikely amount to a departmental error. It is likely to be classed as a claimant error as apposed to fraud. As you risk having your wife becoming an over stayer and that you could have to pay back £x000's I suggest you go to the Citizens Advice Bureau tomorrow and take all your paperwork both immigration related and benefits.

Part 19 of the ESA application specifically asks if your wife is free from immigration control, what did you put?

[Mohamm57]

Dear D4109125, I was already getting ESA but I phone them and told about my changer and they send me a form that filled in and in that form they did not ask about the this

[Amber]

Dear D4109125, I was already getting ESA but I phone them and told about my changer and they send me a form that filled in and in that form they did not ask about the this

You'll need to request a copy of form to see what you ticked. Your wife has no recourse to public funds stamped on her visa, did you consider that might mean no benefits?