Detailed Public Funds guidance

[John]

can I claim child tax credit , working tax credit and child benefit?

You can claim CB, and you and your wife jointly can claim the Tax Credits.

If I do will it effect my wife's application?

No.

As I can see in the imm rules , can the parties maintain and accommodate themselves which which is referring to both of us.

The bit you have missed out is ..... without having recourse to Public Funds. But never ever equate benefits and Public Funds. Public Funds are strictly defined, and in your personal circumstances you will not be claiming any Public Funds.

[dipmm2000d]

Thanks John for your reply, could you pls indicate me how these benefits do not fall in the definition of public funds? I saw a list of things that are public funds including those i mentioned in the guidance. Many thanks.

[dipmm2000d]

Thanks John for your reply, could you pls indicate me how these benefits do not fall in the definition of public funds? I saw a list of things that are public funds including those i mentioned in the guidance. Many thanks.

[John]

You seem to be reading para 6 of the Immigration Rules, but not taking into account paras 6A and 6B, which effectively "tailor" the Public Funds definition depending upon personal circumstances.

[sweetykaur]

Hi John
I have recently obtained ILR on the basis of long residence. One of my son born here is a British citizen. My husband and daughter is going to apply for ILR on the basis of long residence in July & August 2013 this year.

Q1. What benefits I am eligible to apply now?
Q2. Can I claim housing benefits from council?

Pls guide

You seem to be reading para 6 of the Immigration Rules, but not taking into account paras 6A and 6B, which effectively "tailor" the Public Funds definition depending upon personal circumstances.

[John]

The answer to those questions has been given many times before in this section of the board.

So the answers are "yes" and "yes" to your questions, in accordance with the greater detail given before.

[JShah]

Hi,
Please can anyone guide me if the Tier1(G) can claim
council tax reduction(council tax discount), which is 25% for single
person living in a property. In the guidance notes(UKBA guidance notes)
at one place it says that council tax reduction comes under public funds but at other place it says that CTR does not breach the immigration rules.
So if anyone have information please respond.
Your response will highly be appreciated.

Regards
J

[Amber]

Hi,
Please can anyone guide me if the Tier1(G) can claim
council tax reduction(council tax discount), which is 25% for single
person living in a property. In the guidance notes(UKBA guidance notes)
at one place it says that council tax reduction comes under public funds but at other place it says that CTR does not breach the immigration rules.
So if anyone have information please respond.
Your response will highly be appreciated.

Regards
J

A council tax discount does not breach the no recourse to public funds restriction. The new council tax reduction scheme replaces council tax benefit that is why it is now a public fund. However, a discount does not fall under the new council tax reduction scheme. You would not tick that you have council tax reduction as it has a new meaning, you have a discount.

[djchoclate]

Hi, i am eea2 holder and my partner is eu national and we both work full time together (at least 60hours a week) and our annual income is about 16000 together. and we have a one child as well. Can we apply for working tax credit??? if yes, how much will we get??? Will we be able to get the basic amount which is £1920.

[Amber]

Hi, i am eea2 holder and my partner is eu national and we both work full time together (at least 60hours a week) and our annual income is about 16000 together. and we have a one child as well. Can we apply for working tax credit??? if yes, how much will we get??? Will we be able to get the basic amount which is £1920.

Continue in your other thread http://www.immigrationboards.com/viewtopic.php?t=135340

[angela05]

hello John,

Before posting my question, I have read all the stories under the Public funds and have got a little knowledge about this. I very much appreciate it.
However I am still confusing while I am making SET(F) for my son in the section of public funds. Would you please clarify this for me?

My background: I have recently obtained my ILR based on long residence and registered my uk born child as a British citizen. I had a student visa before ILR and my sponsor was (and is) my husband (not British) who are working and living in abroad (he doesn't have any uk-related visa).

Last week I claimed Child benefit for uk born children only and I am waiting for the result. In the mean time, I am preparing my other child's (born abroad) ILR using SET (F).

In the SET(F) under the sponsor and his home and finances section,
("Is your sponsor receiving any public funds? Yes or NO question")
I am confusing whether I have to tick Yes or No.

I have read the Public funds link and Paragraph (6a) and (6b), but I am not quite sure about my situation.
In fact, my child's sponsor in the form will be me (because I have the ILR) but my sponsor is my husband (who doesn't have the ILR living in abroad).

If I receive the CB for uk born children (not the applicant of SET(F)) before applying the SET(F), do I have to tick the Yes box or NO box ?

Honestly, I don't understand the paragraph 6a and whether my situation falls under the 6a.

Would you please help me for this matter? Thank you very much.

Angela

[Amber]

hello John,

Before posting my question, I have read all the stories under the Public funds and have got a little knowledge about this. I very much appreciate it.
However I am still confusing while I am making SET(F) for my son in the section of public funds. Would you please clarify this for me?

My background: I have recently obtained my ILR based on long residence and registered my uk born child as a British citizen. I had a student visa before ILR and my sponsor was (and is) my husband (not British) who are working and living in abroad (he doesn't have any uk-related visa).

Last week I claimed Child benefit for uk born children only and I am waiting for the result. In the mean time, I am preparing my other child's (born abroad) ILR using SET (F).

In the SET(F) under the sponsor and his home and finances section,
("Is your sponsor receiving any public funds? Yes or NO question")
I am confusing whether I have to tick Yes or No.

I have read the Public funds link and Paragraph (6a) and (6b), but I am not quite sure about my situation.
In fact, my child's sponsor in the form will be me (because I have the ILR) but my sponsor is my husband (who doesn't have the ILR living in abroad).

If I receive the CB for uk born children (not the applicant of SET(F)) before applying the SET(F), do I have to tick the Yes box or NO box ?

Honestly, I don't understand the paragraph 6a and whether my situation falls under the 6a.

Would you please help me for this matter? Thank you very much.

Angela

You are settled and entitled to claim public funds. Until you are actually receiving child benefit the answer would be no.

[angela05]

Hello D4109125

Thank you very much for your fast reply!!!

If I actually receive the child benefit before submitting the application,
would the answer be Yes?

Sorry for the duplicate question but I just want to make sure.
Angela

[Amber]

Hello D4109125

Thank you very much for your fast reply!!!

If I actually receive the child benefit before submitting the application,
would the answer be Yes?

Sorry for the duplicate question but I just want to make sure.
Angela

If you are receiving Child Benefit then you should indicate that.

[angela05]

Hello D4109125

Thank you very much for your fast reply!!!

If I actually receive the child benefit before submitting the application,
would the answer be Yes?

Sorry for the duplicate question but I just want to make sure.
Angela

If you are receiving Child Benefit then you should indicate that.

Thank you so much for your help!!

Angela

[JShah]

Hi John,
I am sure you would have already given information about council tax issues but I am very confused and concerned about the council tax discount/reduction.
I used to get Single person occupancy discount(25%), now My ILR is due in Oct 2013, I have gone through SET(0) form which says about public funds, which also says about Council tax reduction. My question is: is council tax discount(25%) and council tax reduction are same benefit, is it going to effect my visa and what should I do if it has any effect on my visa.
I am on Tier1 G
Your guidance will really help me.

Regards
J

[Amber]

Hi John,
I am sure you would have already given information about council tax issues but I am very confused and concerned about the council tax discount/reduction.
I used to get Single person occupancy discount(25%), now My ILR is due in Oct 2013, I have gone through SET(0) form which says about public funds, which also says about Council tax reduction. My question is: is council tax discount(25%) and council tax reduction are same benefit, is it going to effect my visa and what should I do if it has any effect on my visa.
I am on Tier1 G
Your guidance will really help me.

Regards
J

Please continue in your other thread

[francis259]

Hello
i have been reading the post here, i have got some questions my partner (UK citizen) is claiming benefits i am subject to immigration control and cannot claim. i have been working full time (may 2013) but she has not informed the benefit organisation about my income until (feb 2014), i would like to know whats going to happen and if this would disqualify me from ILR.
she claims:income support, housing benefit, tax benefit, child tax credit (my name is on it but she is the claimer), carers allowance, child benefit (my name is on it but she is the claimer), disability & council tax benefit.
as at today when she informed the benefit organisation some of her benefits where put on hold and some where still granted.
please can you help me with some information
thank you

[wapoyeee]

Hi,

Sorry if this has been asked before, but I'd like to be 100% certain especially if the rules have changed recently.

I'm a UK Citizen and my foreign born wife and step daughter are here on a 2 year Spouse visa. Can I claim Child Benefit for my step daughter in my name ? Will this break the 'no recourse to public funds" rule when they come to applying for ILR using form SET(M) ?

Thank you

wapoyeee

[aloksuri81]

Hi,

Sorry if this has been asked before, but I'd like to be 100% certain especially if the rules have changed recently.my father is 64 years and he will turn to 65 in feb 2015 he is in uk with a visa spouse/cp -spouse/cp of a suri as my mum is British citizen .mentioned as No recourse to public funds . Now I want to know that what all benefits he is entitled for and what benefits he should not claim for so that it should not effect his ILR. can he apply for freedom pass and council tax benifits.? plzz reply soon

[die_hard]

Hi,

I would be grateful if anyone can reply to my query.

I have recently received my ILR but my partner is still under immigration control. She received her FLR(M) after my ILR.

We have just applied for British passport for my newly born daughter.

My query is regarding claiming benefits (child benefit/tax credit) on behalf of my daughter. My partner earns more than 50K per year and I know that we have to pay tax charge if we claim child benefit as one parent earns more than 50K. But my query is as she is under immigration control and child benefit will be under my name, do we have to declare that she earns more than 50K and pay the tax charge ?

Thanks

[John]

do we have to declare that she earns more than 50K and pay the tax charge ?

Yes! If you claim then it will need to be handed back in extra tax.

[die_hard]

Thanks for your reply, John.

Based on our criteria/situation, what other benefits we are eligible for ? Can we claim work tax credit and child tax credit ?

do we have to declare that she earns more than 50K and pay the tax charge ?

Yes! If you claim then it will need to be handed back in extra tax.

[John]

As "as one parent earns more than 50K" I think it is clear that there is no entitlement to Tax Credits.

But anyone can get a good idea of possible entitlement to Tax Credits. Just use the Tax Credits Calculator :-

https://www.gov.uk/tax-credits-calculator

-: on the HMRC website.

[Cleanbold]

Hi John
I need your expertise regarding benefits claim. I got my ILR on 10 yrs basis and I have 2 children born in UK with british passport my wife got FLR(M) last month as she is not entitle public fund. My questions are
1- Can I claim CTC, CB, WTC and housing benefit if yes then what will happen when my wife will apply extension on FLR(M) when need to show again income £18600.
Will it be effect on her extension visa FLR(M)?
Please answer ASAP

Thanks in advance