SET(M) refused under old rules due to finance

[rajupodh1234]

My application was refused yesterday for ILR SETM. My wife is a British citizen and we own our house outright. We both work part time and earn around £220 a week combined total and have 2 children. We don't claim any benefits and have savings in UK of £2500 which was shown.

The caseworker at the PEO has given extension to provide further evidence of finance to meet the requirement. They want more months payslips as well as we only gave 1 month each with employer letter.

Are they right in refusing the application. What can I do?

[Amber]

You should have supplied 3 months wage slips and corresponding bank statements.

Did you calculate adequate maintenance?

[khaledadda]

Hi,
I am sorry to hear the outcome of your ilr!
Could you explain more about the refusal and what they said, I have appointment on 10 June am bit worried!
My British wife not working she claiming child tax credit and child nini fit she also use to claim working tax credit but they stoped it and sent us letter sayin that we have ovetpayment of £5000! We currently sent appeal form for that, I am workin full time and earn after tax between £1400 and £1200, we have two kids, any advise?
Many thanks

[khaledadda]

Hi Amber
Could you tell me how much is the minimum maintenance under the old rule for couple with two kids please?
Many Thanks

[Amber]

See Adequate maintenance: Calculating after April 2014 (click).

[khaledadda]

Hi Amber

Could you help on calculation of the minimum income please

I am working full time my wages is varie each month,
Last tree month was as folow, £1159' month 2 , £1350, month 3, £1434,
My wife claiming child tax credit £70.23 per week, child bonifit £135 per month,
My rent £106.63 per week
Council tax £98 per month

Will I meet the minimum income required!
I have appointment on the 10 June

My wife use to work then took one year maternity she was gettin statuary maternity allowance now it stoped and she use to get working tax credit but they suspend it and sent us overpayment of £5000 we speaking against it as they count her statuary maternity allowance as income and on ther website it shouldn't be counted as income ,
My wife was due to go back to work last month and find that her position was given to some1 else now she opening case against her employer as discrimination as it state on her maternity that she would get her position wen she return from maternity
I am so stressed if you could take your time and advise about this matter
Many thanks,

[Amber]

I assume you have two children; therefore, you would need to show a NET income (after deducting rent and council tax) of:
£263.81

Based on an average weekly income of £303.31 + £70.32 + £34.05 = £407.56 and rent/council tax of £129.25 per week. You appear to satisfy adequate maintenance.

The Tax Credits (Definition and Calculation of Income) Regulations 2002, Reg. 4(1)(h)

This is effectively a disregard of up to £100 for each week of SMP, OSPP, ASPP or SAP received in the tax year. Note that where the rate of SMP, OSPP, ASPP or SAP received is less than £100 per week, only an amount equivalent to that received in each week of SMP, OSPP, ASPP or SAP in the tax year can be disregarded from the total pay and SMP, OSPP, APL or SAP income for the year. For example, if £80 SMP, OSPP, ASPP or SAP is received in any week, only £80 can be disregarded.
This is different from the income tax treatment. All SMP, OSPP, ASPP and SAP is included as income for income tax purposes.

[khaledadda]

Hi amber
Thank you so much for your reply,
I will be using SET M for my ilr
Also I have saving of £8000 will that help to meet the minimum income?
Many Thanks

[Amber]

Yes.

[nadeem toheed]

Yes.

Hi Amber

Could you please clarify me , if childrens are not applying or including in set(m) form than
is that the amount same with couple + childrens ?
Thanks

[Amber]

Yes.

[khaledadda]

But there is nothing on set m form asking about the saving,

[nadeem toheed]

Yes.

Thanks Amber for clarification

[Amber]

You include evidence of the savings and write an additional letter staying you have savings of x amount.

[khaledadda]

Thank you so much for reply Amber
Is it definitely I meet the finance requirement?

[Amber]

Based on what you've stated, yes.

[khaledadda]

How much shall I put on we're it ask how much is my income after tax deduction as I say last tree month had different wages!
Thanks

[Amber]

Add the last 3 months' wage slips divide by 3 and that's the average monthly wage.

[khaledadda]

Thanks amber

I am confused on section 8 what shall I put could you explain with all detail how to fill section 8 based on
Child binifit £135 per month, child tax credit £70.23 per week And my wages £1300 per month
My rent £106.64 per week and council tax £98 per month
Many thanks

[Amber]

8.1 - Rented
8.2 - Yes - £462.11
8.3 - Yes - Net income per month
8.4 - Yes/No - Net income per month
8.5 - No
8.6 - Yes
Partner - child tax credits - £304.33 pcm
Partner - Child benefit - £147.55 pcm
In the box:
Source - wages - monthly - £Net amount
Source - tax credits - monthly - £304.33
Source - child benefit - monthly - £147.55
Section 8B - savings of £8000.

[khaledadda]

In child tax credit she receive £70.23 per week wen I do calculation shall i do £70.23 x 4 or £70.23x52/12

[Amber]

£70.23 x52/12 is monthly - pcm.

[khaledadda]

What about the working tax credit they have stoped it few weeks ago and sent us overpayment letter we have sent appeal for it we just got the renewal pack i bed sending it tomorrow
Shall I mention onset m form that my wife wasting working tax credit and has stoped ?
Thanks amber

[Amber]

No, I don't see a need to.

[khaledadda]

Hi amber
Thank you for your reply,
But they will see it on previous bank statement that she was receiving working tax credit!
It's just 3 weeks left for my appointment , it put too much stress on me
Are you sure that I meet the minimum income support required?
Sorry Amber I know am bombarding you with questions
Thanks
Any other advice you wana give me about the day of appointment?